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Trainer warns OPMA violations can void past decisions; avoid ex parte contact
Summary
During LUDMA training, Rob Terry warned that violations of the Utah Open and Public Meetings Act can void affected decisions without a statute-of-limitations remedy and urged officials to avoid ex parte communications involving only one party.
Rob Terry told Spring City officials that the Open and Public Meetings Act carries severe consequences when violated. He explained that an OPMA violation can render affected decisions voidable and that, unlike some land-use appeal deadlines, there is no 30-day limit for challenging a decision if a court finds an OPMA violation.
Terry also instructed board members and council members to avoid ex parte communications—private conversations or one-sided disclosures—outside a public meeting. He recommended copying all parties on correspondence when factual information is exchanged so opposing parties receive the same information and have an opportunity to respond.
