Commission receives updated Open and Public Meetings Act training; county-specific exceptions and predetermination rule highlighted

Devin Snow, the county’s civil lead, presented updated training on Utah’s Open and Public Meetings Act (OPMA), outlining recent legislative changes and how they affect Washington County public bodies.

Snow told the commission that the statute’s default is that meetings are open to the public unless closed properly and explained the statutory definition of “meeting.” He summarized the new definition: a meeting is a gathering of a public body with a quorum present that is convened by an individual with authority to convene for the express purpose of receiving public comment on a relevant matter, deliberating about a relevant matter or taking action on a relevant matter. Snow said the three elements must be present for an event to qualify as a meeting under OPMA.

The presenter explained a county-specific exception for "operational and managerial" gatherings, which can include staff trainings and other managerial interactions where commissioners act in a managerial capacity and immediate action or response is required; those gatherings are not automatically subject to the same prior-notice rules as formal meetings. Snow also reviewed allowable purposes for closed meetings (character, professional competence, health matters, litigation strategy, or real property transactions) and said that minutes of closed sessions are optional but that the closed portion must be recorded when statutorily required.

On emergent items Snow said emergency meetings are permitted when unforeseen circumstances require urgent consideration and that the body must provide the best notice practicable given the circumstances. He noted that electronic meetings are permissible only if the public body has an ordinance allowing electronic participation and that an anchor location for public attendance may be required.

Snow highlighted a recently added statutory prohibition aimed at preventing public-body members from acting together outside of a properly noticed meeting to predetermine how the body will vote on a relevant matter. He placed that change in context by referring to earlier county and regional examples where informal pre-meeting coordination raised compliance concerns. Snow said the remedy for a deficient notice is to cure by holding a properly noticed meeting where the action is ratified.

Why it matters: the clarified definition of a meeting, the county-specific operational/managerial exception and the prohibition on predetermining action change how commissioners and staff plan gatherings, respond to urgent operational matters and coordinate outside of formal meetings. The training is intended to reduce statutory risk and ensure public access to deliberations.

Meeting context: the presentation followed the oath-of-office items and preceded routine agenda business; Snow estimated the presentation would take under 15 minutes and noted that some requirements are “nitpicky” but important for statutory compliance.