By Myrna Trauntvein
Times-News Correspondent
They were flying high, a bit euphoric over the successful
sale of the city's Olympic 2002 flags, and they made the
decision to go ahead and begin Nephi City council meeting as
soon as the flag sale ended&emdash;an hour earlier than the
advertised time.
That meant that when the city attorney, Denton Hatch
arrived the meeting was nearly over and when city recorder,
Blair Painter, and city administrator, Randy McKnight
arrived the meeting was over. It also meant that, when the
media arrived, the meeting was over.
The only problem is that what happened was in
violation of Utah's Open Meetings Law, passed by the Utah
Legislature to assure that the business of the public is
just that&emdash;public.
"You may as well go home," said Brent Bowles, council
member, when the media arrived. "We held the meeting early
and it is over."
When the question of legality was raised, those who
are employed by the city were quick to indicate they had not
been present.
"I wasn't here to advise them when the meeting began,"
said Hatch. He then left the building.
Both Painter and McKnight also stated that they were
not present at the meeting and had barely arrived. Painter
then left.
"(2) In addition to the notice requirements of
Subsection (1) of this section (52-4-6, Utah Code), each
public body shall give not less than 24 hours' public notice
of the agenda, date, time and place of each of its
meetings."
None of the council members nor the mayor were ruffled
by the question of whether the meeting they held was illegal
because it was held before the advertised time and without a
24-hour notice being given to the media and the public. Most
did not seem concerned that they could be "nailed to the
wall."
"Milt Harmon, an attorney and former council member,
was present and presented some information to the council
and he did not tell us the meeting was illegal," said Chad
Brough, mayor.
One of the reasons for sticking to the time set in
advance became apparent when a local Boy Scout group came to
attend the council meeting in order to see government in
action.
What they got, instead, was a group of council members
sitting at a table after a meeting had been ended and a
review by Mayor Brough of the agenda items the council had
considered in the earlier session.
Of course, there are regulations set to cover an
emergency meeting in Utah's Open Meetings Law. However, none
of those requirements was met by the early meeting.
"(5) When because of unforseen circumstances it is
necessary for a public body to hold an emergency meeting to
consider matters of an emergency or urgent nature, the
notice requirements of Subsection (2) may be disregarded and
the best notice practicable given. No such emergency meeting
of a public body shall be held unless an attempt has been
made to notify all of its members and a majority votes in
the affirmative to hold the meeting."
In this case, an emergency, also defined by law, did
not exist.
Once the meeting time is set, it is not to be changed
according to the code. In addition, once the agenda is set
it must be followed. If a time is set for the agenda item to
take place, that time should be met, within reason.
Several council members questioned whether the time
set would matter if they used an alphabet or numbering
system rather than an agenda time system.
Juab School District Board of Education meetings, for
example, do set an agenda according to the alphabet system.
Nevertheless, board members are careful to see that the
letters are followed in sequence.
The Open Meetings Law was set by Utah Legislators (all
50 states have such a law) so that the public could be
assured that if they wanted to attend the meeting, they
could do so and be certain that the item on the pre
advertised agenda would be addressed at that time or
according to the schedule set up.
The taxpayer and the voter is the public served by
government.
"In enacting this chapter, the Legislature finds and
declares that the state, its agencies and political
subdivisions, exist to aid in the conduct of the people's
business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted
openly. (52-4-1)"
According the "Sunshine Law," it is also important for
the recorder to be present, or to have a representative
present, at all pre-advertised meetings.
David Church, General Counsel of the Utah League of
Cities and Towns, has been the person explaining the
workings to city governments of the so called "Sunshine Law"
(because it keeps government from acting behind closed doors
or in the dark) for the past several years.
He has written several articles explaining the need
for adhering to the state open meetings law.
"The state code requires the governing body of each
municipality to keep a journal of its proceedings. These are
to be kept at the office of the recorder and available to
the public during normal business hours. This journal of
proceedings must include written minutes of all public and
closed meetings.
"The minutes are to be taken by the City Recorder or
Town Clerk. The Clerk/Recorder (or their deputies) are
required to attend all meetings of the Council and maintain
the minutes in their offices for public inspection and
copying," he said.
There is a minimum content for the minutes.
Minutes of an open meeting must include the date,
time, and place of the meeting; the names of the council
members present; the substance of the matters considered
including a record of votes taken; the names of any members
of the public who speak and the substance of what they say;
and any other information that any member of the council
requests to be entered in the minutes.
"Minutes of a closed meeting must also be taken. The
minutes must include the date time and place of the meeting;
the names of council members present and absent; and the
names of others present unless the disclosure of the others
present will infringe on the confidentiality of the closed
meeting," wrote Church.
Procedures should be consistent with the spirit and
purpose behind both the Utah Open and Public Meetings Act
and The Government Records Access and Management Act.
"Some of the rules required by state law include that
all meetings of the governing body must comply with the Utah
Open and Public Meetings act," Church said.
Journalists who are traditionally tough when it comes
to First Amendment rights, and other concerned people, have
long advocated in favor of a tougher open meetings law in
Utah.
The open meetings law is one that was enacted not only
for the public's sake, but for the sake of local governments
that need to protect themselves from liabilities.
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