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By Myrna Trauntvein
Times-News Correspondent
The 2011 Utah Legislature has now required all cities and towns to adopt rules of procedure and order for its council meetings and planning commission meetings.
Nephi City Council members reviewed the statute adopted by the legislature.
"The rules of procedure and order will not replace the Open Meetings Act but will be a companion to it," said Randy McKnight, city administrator.
Prior to the adoption of the statute, the state law established some minimum rules of procedure and of course required towns and cities to follow the Utah Open and Public Meetings Act along with additional rules regarding notice, agenda and minutes.
McKnight said that the Utah League of Cities and Towns (ULCT) had been preparing some suggestions for cities to consider.
"David Church, ULCT attorney, discussed this very thing in a session that Blair (Painter) and I attended at the conference," said Nephi City Mayor Mark Jones.
Three drafts of potential rules of procedure were presented at the ULCT conference held recently. Cities are free to change, cut, or combine them as needed.
"You have been operating under informal rules," said McKnight.
The first draft suggested for council consideration by ULCT is what is seen most often in meetings of cities and towns—the informal meeting procedure which is what Nephi City has been using.
"The policies and procedures you adopt must be available at council meetings," said McKnight.
Under the second model, the city may adopt Roberts Rules of Order. However, Roberts Rules of Order can be complicated and there are various editions and compilations of the rules so a selection has to be made as the official one to use.
The third set of rules and procedures is long and semi-formal.
The short and informal set has the statement that the city must comply with all required procedures contained in Utah Code including those dealing with regular and special council meetings.
"The council will need to consider what rules and procedures it wants to adopt," said McKngiht.
Some items are contained within the state statute.
For example, the council, by ordinance, is to prescribe the time and place for holding its regular meeting and hold a regular meeting at least once a month.
The mayor of a municipality or two council members may order the convening of a special meeting of the council. Each such order must be entered in the minutes of the council and must provide at least three hours' notice.
The municipal recorder or clerk is to serve notice of the special meeting on each council member who did not sign the order by delivering the notice personally or by leaving it at the member's home.
The number of council members necessary to constitute a quorum is, in a municipality with a five-member council, such as Nephi, three, excluding the mayor.
A roll call vote must be taken and recorded for all ordinances, resolutions, and any action which would create a liability against the municipality and in any other case at the request of any member of the governing body by a "yes" or a "no" vote and shall be recorded. Every resolution or ordinance must be in writing before the vote is taken.
The minimum number of yes votes required to pass any ordinance or resolution, or to take any action by the council, unless otherwise prescribed by law, is a majority of the voting members of the council. Any ordinance, resolution, or motion of the council having fewer favorable votes than required is defeated and invalid.
A council meeting may be adjourned to a specific time by a majority vote of the council. A majority of the council members, regardless of number, may fill any vacancy in the council.
The business of the council can be conducted only in open meeting in compliance with provisions of the Open and Public Meetings Act.
The council may fine or expel any member for disorderly conduct on a two-thirds vote of the members and, on a two-thirds vote, may expel any member of the public who is disorderly during the meeting.
The agenda for the meeting will be the guide to the meeting. While matters not on the agenda may at times come up for discussion, no final action can be taken on any matter not on the agenda.
The mayor is to open and introduce an item on the agenda in order. If the item is one that requires discussion, the council members can consider the item in a polite, civil exchange of ideas for as long as they feel necessary.
The mayor may, at his or her discretion, allow members of the public or staff to participate in the discussion. The mayor may also call on staff to explain an item. When the mayor thinks the discussion is sufficient, and the item is one that requires a decision of the council, the mayor can entertain a motion.
Any council-member who has had enough of the discussion, may call for a vote or ask the mayor to move on. If a majority of the others on the council agree, the mayor will call for a vote or move on to the next item.
The mayor and council members are to treat each other with respect and act in a civil and courteous manner to each other and to the public.
Any member of the public interrupting council proceedings or creating a disturbance, or failing to abide by council rules, at the direction of the Mayor, may be removed from council chambers by Police Department officers.
"After you have had time to discuss what you would like, you can call on Denton Hatch, city attorney, to draft the rules and procedures," said McKnight.
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