061 of 2019 - City council role in the open government; meeting agenda development: paperwork and scheduling; and 0 19-1
R 19-5
SALT LAKE CITY ORDINANCE
No. 61 of 2019
(City council role in open government; meeting agenda development:
paperwork and scheduling; and City council meeting outline)
An ordinance enacting Section 2.06.035 of the Salt Lake City Code, relating to the City
council role in open government; meeting agenda development: paperwork and scheduling; and
the City council meeting outline.
WHEREAS, the City council of Salt Lake City, Utah, desires to enact Section 2.06.035
of the Salt Lake City Code, relating to the City council role in open government; meeting agenda
development: paperwork and scheduling; and the City council meeting outline;
WHEREAS, the City council of Salt Lake City, Utah, desires to properly prepare for and
present thoughtful,policy-developing questions about topics the council will address in
upcoming public meetings; efficiently use taxpayer resources; and develop engagement efforts
with the public to enhance the dynamic and collaborative democratic process of open
government practices; and
WHEREAS,the City council of Salt Lake City, Utah, also addresses processes and
policies in the internal City council policy manual, providing, in section C.6, further reasoning
and clarity regarding the council's role in open government.
NOW, THEREFORE, be it ordained by the City council of Salt Lake City, Utah that:
SECTION 1. Section 2.06.035 of the Salt Lake City Code, relating to the City council
role in open government; meeting agenda development: paperwork and scheduling; and the City
council meeting outline, is enacted to read as follows:
2.06.035: COUNCIL ROLE IN OPEN GOVERNMENT; MEETING AGENDA
DEVELOPMENT: PAPERWORK AND SCHEDULING; AND COUNCIL MEETING
OUTLINE.
A. Council Process for Open Government and Transparency:
The council shall set policy, adopt ordinances including an annual budget, provide oversight
of the City administration, maintain a clear and accurate public record of council process and
decisions, and encourage public engagement.
B. Council Meeting Agenda Development:
Council Meeting agendas are developed from a variety of sources, including but not limited
to council interest, individual council member interest, council office work with outside
resources, and administrative transmittals. Any requirement listed in this section 2.06.035
may be waived by the council chair or a majority of the council when either determines the
waiver would be in the best interest of the City.
Violation of this ordinance is not intended to result in criminal or civil liability.
C. Administration Transmittals:
1. The City administration shall forward transmittals to the council as they are
completed. The transmittals shall be forwarded no later than noon two weeks before
the council meeting for which the item is suggested to be scheduled. This allowance
of time enhances the opportunity for scheduling consideration and will allow time for
community engagement, focused analysis, and opportunities for inclusive discussion.
There is no guarantee that a transmittal will be scheduled at the suggested or desired
time.
2. City administration transmittals must articulate the mayor's formal recommendation
to the council. Transmittals may also include potential options for the council's
consideration. In cases when the City administration is forwarding a recommendation
of another person or entity (such as the planning commission, a state agency, or an
outside consultant commissioned by the City) and the mayor wishes to provide a
different recommendation, the mayor may articulate the City administration's
position in a letter included in the transmittal.
3. The City administration shall submit paperwork for council consideration and agenda
placement in a single transmittal format from the mayor's office. Any exceptions to
the noon, two-week timeline must be prearranged in writing with the council
executive director who shall seek the consent of the council chair for any unusual or
controversial situations.
4. All items submitted for council consideration on any council meeting agenda must
include complete and relevant information. The transmittal must contain a level of
detail sufficient to provide the public and the council with adequate information to
understand the issue, the requested actions, policy and budget impact, and long-term
consequences of non-action or action.
5. A transmittal to the council office is the mayor's formal and official recommendation
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to the council. The council considers the signatures included in the transmittal cover
sheet as a confirmation that the signatory has vetted the material before forwarding
the content to the council.
6. Concurrently with the transmittal process, the City administration shall submit paper
copies noted"approved as to form" for proposed ordinances or resolutions to the city
recorder's office as part of the formal public record.
a. Transmittals must include the following:
i. The date the transmittal was sent to the council;
ii. The signature of a member of the mayor's office staff;
iii. The signature of the relevant department director or designee;
iv. The subject of the transmittal;
v. The name of the City administration's contact person with whom
council staff may correspond;
vi. The type of document being transmitted;
vii. The mayor's recommendation about the document being transmitted;
viii. If applicable, the planning commission's recommendation about the
document being transmitted;
ix. The budget impact;
x. Background and discussion information, including timeline
considerations; (see description in subsection C.4)
xi. Any exhibits to the transmittal, including documentation describing
the public notice and engagement process undertaken by the City
administration, including any objections received from persons
affected by the proposal or the general public.
b. Upon receipt of the transmittal, council staff shall promptly share the
information with council members and place it in a queue for staff to schedule
for analysis. Council staff shall review transmittal paperwork and may ask
clarifying questions to the City administration in advance of the scheduling
process.
c. If council staff identifies incomplete, inconsistent, or inaccurate information
in the transmittal, it shall communicate any revisions or corrections to the City
administration and may suspend its review until the City administration
provides accurate or updated information, even if that suspension would delay
the schedule and the public process.
d. If the City administration makes any official changes to the transmittal
material, the transmittal shall be amended or updated by the mayor's office
through the council agenda software, with an email alert to council staff of the
updated material.
e. If the transmittal involves a matter that has a deadline for action, the City
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administration shall provide to the council office documentation and complete
information about the nature and reason for the deadline.
f. Council staff shall wait for complete and correct information to be verified if
council staff finds that initially provided information is inaccurate.
7. The City administration shall endeavor to provide clear, concise, complete, and
accurate information in transmittals.
C. Agenda scheduling—Administrative items
For items the City administration suggests scheduling for a particular council meeting, the
City administration shall:
1. Make advance arrangements in writing with council staff;
2. Ensure the paperwork is reviewed in detail by the relevant department director,
deputy director(s), and the mayor's office in advance;
3. Respond promptly and thoroughly in writing to a council member's or council staff
member's questions or requests for clarification; and
4. Ensure the city attorney and finance department have a working knowledge of the
issue, have been consulted and their feedback is reflected in the transmittal. Any
legal and financial issues shall be clearly disclosed and addressed in the transmittal. If
the issues raised by either department are not addressed in the complete transmittal,
the omission shall also be disclosed.
D. Informal Updates:
The City administration may provide to the council informal informational updates,
particularly on large or significant items. Those updates may be completed as often as needed
in a letter, memorandum, or email format. The council may elect to schedule a briefing on
any of the provided informal updates. Nevertheless, informal updates are not a substitute for
a complete, fully-vetted transmittal.
E. Closed Meeting Material:
Information provided for closed council meetings must be provided to the council by the
mayor's office after being vetted by the city attorney. Closed meeting material shall be
provided no later than noon on the Thursday immediately before the scheduled closed
meeting. The City administration may seek feedback from council members in closed
meetings.
F. Council Meeting Outline:
Council meetings may involve separate agendas for the work session and the formal
meeting.
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1. The work session meeting agenda may include:
a. Updating or briefing council members on agenda requests and City
administration transmittals before the council for consideration;
b. Providing opportunities for council members to discuss public policy and
budget initiatives and policies;
c. The council's executive director updating council members about
announcement items, agenda items, and other items of mutual interest and
concern;
d. City administration updates to the council;
e. Council members interviews of audit firms, potential appointed City
employees, and potential appointees to City boards and commissions; and
f. Receiving information about issues not directly related to City government,
but that have a fiscal or policy link to the City. Outside organizations may not
use work sessions to lobby for City funds.
2. Council staff shall send the agenda to the mayor's office at least 48 hours in advance
of the meeting to enable the mayor's office to notify and confirm City administration
attendance and presentation at the scheduled meeting. The mayor's office shall
provide to council members a list of City administration staff authorized to present
on each topic as part of the transmittal at least 24 hours before the scheduled council
meeting.
3. The formal meeting agenda may include:
a. Opening ceremony:
i. Pledge of Allegiance
ii. Approval of minutes
iii. Resolutions:
iv. Special recognitions;
b. Scheduled public hearings: Public hearings about matters for which the
council would like to receive public input, including hearings requiring legal
advertisement under state law;
c. Potential action items;
d. Comments:
i. Questions to the mayor;
ii. Public comments to the council. Persons who desire to address the
council concerning an issue not scheduled for a public hearing must fill
out a comment card, complete the steps for public comment(two-
minute comment time limit) and follow the council's standards of
conduct.
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e. New Business: Includes matters that appear for the first time on a Council
agenda even if a briefing takes place on the same date. New business items not
designated as urgent or requiring immediate action may be referred by motion
or without objection to a future council agenda for further action. If the
council chooses to act on a matter of new business, it may suspend its rules
and take action. Council members may request the deferral of matters in the
New Business section.
f. Unfinished Business: Matters that have received an introduction or briefing in
a formal meeting or work session on the same date or on a previous date. All
items under unfinished business are subject to further discussion.
g. Consent: Consent agenda matters are scheduled for action at the soonest
possible date and typically do not require reports by the council office staff
because those matters are generally ongoing in nature or related to
housekeeping items. Routine consent agenda matters include appointments
and reappointments to City boards and commissions; confirming dates for
public hearings; authorizing signature of interlocal agreements; amending
special assessment areas; and authorizing telecommunication agreements.
G. Mayor Attendance at Council Meetings:
Utah Code section 10-3b-202(1)(d)(vii) states that the mayor may"attend each council
meeting, take part in council meeting discussions, and freely give advice to the council."A
member of the mayor's senior staff may attend a council meeting in place of the mayor. If
the senior staff member provides comments or advice, they must clearly state whether they
are exercising authority on behalf of the mayor and whether they have been authorized to
speak for the mayor. The mayor or official designee will be recognized by the presiding
officer of the meeting in the same manner that council members are recognized for
discussion.
H. Council Agenda Addenda Matters:
Addenda will be added to the council agenda for unforeseen, emergency matters, or to
correct clerical errors. Such matters must be approved by the council chair in consultation
with the council's executive director, and may satisfy one or more of the following criteria:
1. The matter requires action that, if postponed to the next regularly scheduled council
meeting, would adversely affect:
a. the safety and welfare of the residents of Salt Lake City;
b. the finances of the City, an organization, a private person, or a governmental
entity;
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c. the relationship between the City and Salt Lake County, the state of Utah, or
the federal government.
2. The above criteria notwithstanding, the council may consider only those matters that
meet the general criteria of being complete and in proper form.
SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City council of Salt Lake City, Utah, this 3rd day of December
2019. ,
c CHAIRPERSON - V I C E
A A TERS .
CITY RECORDER
Transmitted to Mayor on December 4, 2019 .
Mayor's Action: Approved. Vetoed.
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Salt Lake City Attorney's Office
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Published: December 13, 2019 •
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