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Council reviews Open and Public Meetings Act refresher; recording, notice and closed-session rules emphasized
Summary
City staff presented an annual Open and Public Meetings Act (OPMA) briefing for the council, emphasizing quorum rules, posting and minutes requirements, recording retention, and the limited exceptions for unrecorded closed sessions.
Shay Morrison, community advisor, gave the council an annual refresher on the Utah Open and Public Meetings Act at the Jan. 27 regular meeting, explaining notice, quorum, minutes and closed-session rules. "We have to have it once a year," Morrison said, adding the presentation would be run quickly and that members should ask questions.
Morrison told the six-member council that a quorum for the council requires three council members (not counting the mayor) and warned members against discussing public business in chance gatherings. "If a quorum is present, do not discuss public business unless you notice it properly," Morrison said. She walked the council through the 24-hour posting requirement for regular meetings, the elements a posted agenda must include, and the requirement that any item on which the body intends to take action be on the posted agenda.
The briefing summarized minute and recording obligations: written minutes must include date, time, location, names of members present, a general substance of matters discussed, a record of every vote and names of people who testified. Morrison said recordings must be retained under GRAMA for three years and that pending written minutes must be posted within 30 days, while approved minutes and recordings must be posted within three business days.
Morrison reviewed closed-session requirements and the limited exceptions that allow a closed meeting to be unrecorded, including personnel character/competence discussions, and noted the mayor must sign an affidavit explaining the reason for a closed session. "I would caution you ... you have to stay on topic. You can get in trouble for not doing that," Morrison said. She recommended an affidavit be prepared and included in minutes when a closed session is used and encouraged the council to consult with staff on specific questions.
Mayor Tony Deiber and multiple council members referenced those affidavit requirements later in the meeting when discussing past minutes; Councilman Jeremy Snell moved to postpone approval of prior meeting minutes until the affidavit language is added and the council approved that postponement.
The refresher was presented as information rather than a formal action item; council members asked clarifying questions about notice, emergency meetings and electronic-meeting ordinances. Morrison said she would continue to present brief reminders at future meetings.
