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City attorney reviews Open and Public Meetings Act, highlights recent clarification on social gatherings
Summary
Brigham City’s city attorney led the council in their required annual Open and Public Meetings Act training, reviewing what constitutes a meeting, rules for closed sessions and a recent legislative clarification about social gatherings.
Nicole Caudill, Brigham City’s city attorney, led an annual Open and Public Meetings Act training during the council’s 5:30 p.m. work session on April 3, telling council members the law’s purpose is transparency and that the body must take city business in public except for limited, stated exceptions.
“The Open and Public Meetings Act exists so that there is transparency and so that a public business is taken care of in public,” Caudill told the council, and she reviewed the most commonly used exceptions that permit closed sessions, including real estate negotiations, personnel and certain security matters.
Caudill emphasized the definition of a “meeting,” which she said includes “any gathering of local officials” where two or more council members discuss city business. She also explained a change to state law enacted in the last legislative cycle that clarified how the Act applies to social gatherings and informal events.
“The law clarified that those social gatherings, regardless of how those are put together… are not necessarily public meetings,” Caudill said, while advising best practice: if all or a majority of the council will attend a city-hosted event, it is typically noticed so the public is informed.
She reviewed rules around closed (executive) sessions, stressing that councils may deliberate in closed session on permitted topics but may not take final votes there. Caudill told council members that when a closed session’s subject changes during a meeting, they must return to the public meeting to state the new topic and then re-enter closed session if necessary.
Caudill warned of potential legal consequences for procedure violations, including courts overturning decisions and, in rare cases, awarding attorney fees to successful challengers.
Mayor Dennis J. Bodd and council members asked clarifying questions during the session about how the Act applies to boards and community events; Caudill repeatedly encouraged members to contact her or staff for case-specific guidance.
The work session concluded with the mayor thanking staff for handling notice and documentation practices that support compliance.
