City Attorney trains Planning Commission on parliamentary rules, LUDMA and public hearing requirements

City Attorney Jayme Blakesley led a professional-development briefing for the South Weber City Planning Commission on Nov. 14, focusing on meeting procedure and legal requirements for land-use decisions.

“He noted for every action taken there should be a motion, a second to the motion, a discussion on the motion, and a vote on the motion,” Blakesley told commissioners, outlining the basic sequence the commission should follow. He added that ordinances and resolutions require roll-call votes and that the chairperson controls how much time is spent on each agenda item with Robert’s Rules of Order serving as a guide.

Blakesley described the principal types of motions commissioners may see — main motions, subsidiary motions to amend or substitute, incidental motions that raise procedural questions, motions to table, and motions to continue or postpone. He emphasized the correct order of consideration for subsidiary and incidental motions to preserve a clear record.

On land-use authority, Blakesley explained that decisions can be administrative, legislative, or quasi-judicial; some approvals are decided by staff, some by the Planning Commission (which serves as an advisory body to the City Council), and others by the City Council. He discussed the Land Use Development and Management Act (LUDMA) as state law that “mandates the creation of a Planning Commission” and requires consistency with state rules.

Blakesley also reviewed public-hearing requirements: “Public hearings are required for general plan, land use regulations, street vacation, property disposition, specifications for public improvements, sign regulations, and subdivision amendments (if requested by objecting owner),” he said. He cautioned that administrative decisions like conditional-use permits and subdivision approvals do not always require a public hearing even though public input may still be solicited.

Finally, he reviewed the Open & Public Meetings Act and urged commissioners to avoid conducting city business outside of open meetings or engaging in ex parte communications once sworn. “He suggested the commissioners avoid weighing in on items outside of the public meeting setting,” the briefing record states. The guidance included practical advice on packet timing, public-comment logistics, and how the chair might set expectations at the start of an item.