Open and Public Meetings Act

Open & Public Meetings Act Utah Code Section 52-4-101 et. seq.

Utah Code Section 52-4-104 requires that the presiding officer of public bodies ensures members receive yearly training on the Act. Utah Code Section 52-4-303 requires the Attorney General to provide yearly notice to public bodies of any changes to the requirements for the conduct of open meetings under this Act.

Legislative Intent All meetings of any public body are to be open to the public.

What is a Public Body?

• Any administrative, advisory, executive, or legislative body of the state or its political subdivisions, which:

• is created by the Utah Constitution, statute, rule, ordinance, or resolution; • consists of two or more persons; • expends, distributes, or is supported by tax money; and • has authority to make decisions about the public’s business.

• It also includes certain administrative, advisory, executive or policy making bodies of certain associations related primarily to public schools

Public Body Does Not Include: • Political parties, groups and caucuses; • Legislative conferences, rules and sitting committees

What Constitutes a Meeting?

•The convening of a public body, •with a quorum, •either in person or by means of electronic communication •To discuss or act on a matter under its authority.

•It includes workshops and executive sessions of a public body.

What is Not a Meeting? • A chance meeting • A social gathering of a public body

Public Notice of Meetings • Notice must be given at least 24 hours before the meeting.

• Notice may only be waived in case of an emergency meeting.

• Public bodies that meet regularly must give annual notice of their upcoming meeting schedule.

• The public notice must provide reasonable specificity to notify the public as to the topics to be considered a the meeting.

• The notice must include the agenda, date, time, and place.

Public Notice continued • Each topic shall be listed under an agenda item on the meeting agenda • At the discretion of the presiding member of the public body, a topic raised by the public may be discussed during an open meeting, even it the topic raised by the public was not included in the agenda or advance public notice for the meeting.

• A public body may not take final action on a topic in an open meeting unless the topic is listed under an agenda item that is included in the advance public notice.

How Must Notice be Provided? • By posting written notice at the principal office of the public body, and on the Utah Public Notice Website; and

• By providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body, or a local media correspondent.

Records of Meetings • A recording and written minutes must be made of all open meetings. • Open meeting minutes are public records under GRAMA

The Written Minutes Must Include: • • • • •

The date, time and place of the meeting; The names of all members present or absent; All matters proposed, discussed, or decided; Individual votes on each matter; The names of each person who provided comments or testimony after being recognized by the presiding officer and the substance of the comments or testimony;

• Any additional information a member requests be included in the minutes;

Public Access to Minutes • Minutes must be posted before approval at the next meeting within certain time frames listed in Utah Code Section 52-4-203(3)(e);

• A public body must establish procedures to approve the minutes of each meeting;

• The written, approved minutes are the official record of the meeting.

Emergency Meetings • An emergency meeting may be held if “unforeseen circumstances” make it necessary “to consider matters of an emergency or urgent nature;” and

• An attempt has been made to notify all members of the public body; and • A majority of the members approve the meeting; and • The public body gives the best practicable notice of the time and place of the meeting and the topics to be considered.

• Ensure the minutes contain a statement of the unforeseen circumstances.

Electronic Meetings • Occur whenever one member participates by electronic means.

• Members must receive 24 hours notice of electronic meetings including instructions on how members may participate.

• Require at least one “anchor location” for the meeting, which must include the normal meeting place, where the public may attend.

• A quorum need not be present at the “anchor location.”

• Utah Administrative Code, Public Safety Rule 698-10 governs procedures electronic meetings;

Closed Meetings • • • •

A meeting may be closed if: A quorum is present An open session with public notice is held before closing the meeting; Two-thirds of the body must vote to do so;

Closed Meetings • The Open Meeting minutes must reflect: • the vote to close by member name; • the reasons for closing; • The location were the closed meeting will be held;

Closed Meetings • Only permitted for reasons listed in Utah Code section 52-4-205, including: • A discussion an individual’s character, professional competence, or physical or mental health; • Certain deliberations of a public bodies when acting in certain capacities, but the information gathering activities and final action must be in the open session;

• Strategy sessions to discuss collective bargaining, pending or reasonably imminent litigation, the purchase, exchange, lease or sale of real property or water rights under certain circumstances;

• Discussions regarding security personnel, devices or systems; • Investigative proceedings regarding allegations of criminal misconduct in certain circumstances

Affidavit Requirement • An affidavit must be signed by the presiding officer if : • Either the purpose of the closed meeting is to discuss: • the character, professional competence, or physical or mental health of an individual, or • security measures, or Or, if the meeting is listed in Utah Code Section 52-4-205(2).

The affidavit must affirm that the sole purpose of the meeting was one of the listed permissible purposes.

Under these circumstances, no recording, nor written minutes is required.

Actions Prohibited in Closed Meetings • No discussing anything other than the specific topic for which the meeting was closed;

• • • •

No approving ordinances, resolutions, rules, regulations, contracts and appointments; No voting or taking final action on a matter; No interviewing persons applying to fill elected positions; No discussing the character, competence, physical or mental health of a person whose name was submitted for consideration to fill a midterm or temporary vacancy.

Records of Closed Meetings • A recording must be made of the closed portion and must include • The date, time and place of the meeting; • the name of members present, and • the names of others present, unless it would infringe on confidentiality;

• Written minutes may be taken.

• Closed meeting minutes are protected records under GRAMA and may only be disclosed by court order.

Criminal Violation of Closed Meeting Provisions • • • • • •

A member of a public body Who knowingly or intentionally Violates the law; or Who knowingly or intentionally abets or advises a violations Of any of the closed meeting provisions Is guilty of a Class B Misdemeanor

Violations of the Act • A court can void any action taken in violation of the law.

• A violation may sometimes be cured in a subsequent meeting by following the law;

• A violation of the law may result in the payment of attorney’s fees and court costs incurred to enforce the law.

Lynda L. Viti Assistant Attorney General Legal Counsel to the Utah Department of Public Safety

lviti@agutah.gov 801-707-1308