Morgan County commissioners receive Open Meetings Act training; move to closed session on possible litigation

GARRETT SMITH, the meeting presenter, reviewed requirements of Utah's Open and Public Meetings Act and related provisions on public records and electronic communications, telling the Morgan County Commission that openness is the starting point for most deliberations.

Smith summarized key provisions, including the need for 24-hour public notice for meetings, restrictions on deliberating as a quorum outside a noticed meeting, and the narrow circumstances under which a meeting may be closed. "The bare minimum is the 24 hours notice," Smith said, explaining that the statute permits local bodies to exceed that minimum for greater transparency.

The training focused on practical guidance the commission must follow. Smith emphasized that a quorum may not act together outside a meeting "in a concerted and deliberate way to predetermine an action to be taken," and that electronic messages sent between members when the public body is not convened are allowed so long as they do not predetermine votes or otherwise amount to a convened meeting. He also reviewed thresholds for closing meetings, noting the difference between matters that "shall" be closed (requiring a majority) and those that "may" be closed (requiring a two-thirds vote for this five-member body).

Commission discussion concentrated on how the commission posts items for the public and how the consent agenda is used. Commissioner Fackrell raised concerns that the public may not see sufficient detail on items placed on the consent agenda and said the commission should consider whether some resolutions or appointments should be moved from consent to action so the public could hear them in the meeting. "If we're gonna have things open to the public, they ought to be open to the public and not for them to have to go and necessarily go back and do all the research that we've done," Fackrell said.

Smith noted the statute requires agendas to provide reasonable specificity about topics to be considered but does not compel publishing every document in full on the face of the agenda; he also said bodies may choose to provide more information than the statute's minimum. The presenter pointed to examples of permissible closed-session topics (personnel character/competence, pending or reasonably imminent litigation, real estate negotiations, security deployment) and explained potential legal consequences for failing to follow notice rules, including lawsuits that could render actions voidable and possible awards of attorneys' fees.

Before adjourning for the brief closed session, a commissioner moved to hold a closed session "to discuss possible imminent litigation," a motion that was seconded by another commissioner. The commission voice-voted in favor; the meeting then recessed into the closed session for the stated purpose.

The training included operational reminders such as (1) minutes must record each member's vote by name for elected bodies, (2) presenters who hand out materials should provide copies for the public record, and (3) remote participation logistics often require at least 24 hours' notice so staff can prepare links and equipment. Commissioners asked staff to follow up on specific posting and public-comment logistics (including whether public commenters must give 24- or 48-hour notice to speak remotely) and to consider ways to increase transparency beyond the statutory minimum.

The meeting packet referenced appointments and resolutions on consent (for example, a resolution to appoint to the Morgan Historical Society Board of Trustees and letters supporting Mount Green Fire District and broadband partners). Commissioners discussed whether such items should be highlighted verbally during the meeting so members of the public who did not review the packet would know what the commission was approving.

The meeting then recessed for the closed-session discussion of pending or reasonably imminent litigation. No final action on any ordinance, resolution, contract or appointment was taken in the closed session during the portion of the transcript covered here.