Planning commission receives refresher on Open and Public Meetings Act

The Ogden Planning Commission received a classroom-style review of the state Open and Public Meetings Act during its June 24 meeting as legal counsel walked commissioners through when meetings must be open, narrow exceptions for closed sessions and required public notice and recordkeeping.

The training, given as part of the commission’s annual orientation, emphasized that the act requires meetings of a quorum to be open when the body is receiving public comment, deliberating or taking action. “We lean on the side of having the meetings be open,” legal counsel said during the presentation.

Why it matters: the guidance spells out limits on when the commission may go into closed session (ethics complaints, individual health or character, collective bargaining, imminent litigation, appraisal or valuation when disclosure would harm a transaction, water rights and certain real property negotiations) and the procedural steps required to do so. Counsel noted a court case, Kearns Tribune Corporation v. Salt Lake County Commission, as an example where a closed meeting on annexation led to litigation and an adverse finding against the public body.

Key points covered included the 24-hour public-notice requirement for regular meetings, agendas that give a reasonable specification of items to be discussed, and retention and availability of minutes and recordings. Counsel said meeting recordings should be made available to the public and kept so that they can be produced in response to records requests. “Keep a good paper trail of everything,” counsel said.

The presenter walked commissioners through practical examples: exchanging emails as private citizens generally does not violate the act, but deliberating and then voting on a matter that was not on the agenda can. “You can discuss it all you want, but if you vote, you’re going to be in violation,” counsel said during a hypothetical about council members acting on an unlisted pothole complaint.

The training also addressed virtual meetings, reminding commissioners that remote meetings still require notice and an anchor location where members of the public may attend in person, and that the same recordkeeping rules apply. Counsel warned of the consequences of violating the act, including courts voiding actions and potential misdemeanor charges for individuals.

Commissioners asked about practical items including how narrowly appraisal discussions must be framed before invoking a closed session and what to do if a meeting becomes disruptive. Counsel said the commission must first meet in public and then follow the statute’s voting and recordkeeping steps to go closed; she also noted there are statutory provisions that allow removal of willfully disruptive attendees and said courthouse facilities used as anchor locations typically have panic buttons and security available if needed.

The presenter closed by inviting commissioners to suggest topics for next year’s training and thanked an intern who produced the meeting slides.

The commission then moved to other agenda items.