A. Regular Meetings: The governing body shall conduct regular work session meetings which shall be held on the second and fourth Wednesdays of each month which shall begin promptly at seven o'clock (7:00) P.M. Regular city council meetings which shall be held on the second and fourth Wednesday of each month which shall begin promptly at eight o'clock (8:00) P.M. at the Garland City Civic Center, 72 North Main Street, Garland, Utah, but if the meeting date(s) is a legal holiday, then the meeting shall be held on a date to be determined by the city council.
B. Special Meetings: If at any time the business of the city requires a special meeting of the city council, such meeting may be ordered by the mayor or any two (2) members of the city council. The order shall be entered in the minutes of the city council. The order shall provide at least three (3) hours' notice of the special meeting and notice thereof shall be served by the city recorder on each member who did not sign the order by delivering the notice personally or by leaving it at the member's usual place of abode. The personal appearance by a council member at any specially called meeting constitutes a waiver of the notice required in this subsection.
C. Open Meetings: All meetings of the governing body shall be held in compliance with the provisions of Utah Code Annotated title 52, chapter 4, relating to open and public meetings. All minutes of any public meeting shall be typed and available to the public in draft form within five (5) working days.
D. Quorum:
1. Defined: The number of members of the city council necessary to constitute a quorum is three (3) or more.
2. Necessary: No action of the city council shall be official or of any effect, except when a quorum of the members are present. Fewer than a quorum may adjourn from time to time.
E. Voting:
1. How Vote Taken: A roll call vote shall be taken and recorded for all ordinances, resolutions and any action which would create a liability against the city and in any other case at the request of any member of the city council by a "yes" or a "no" vote and shall be recorded. Every resolution or ordinance shall be in writing before the vote is taken.
2. Minimum Vote Required: The minimum number of yes votes required to pass any ordinance, resolution or to take any action by the city council, unless otherwise prescribed by law, shall be a majority of the members of the quorum, but shall never be less than three (3).
a. Any ordinance, resolution or motion of the city council having fewer favorable votes than required herein shall be deemed defeated and invalid, except a meeting may be adjourned to a specific time by a majority vote of the city council even though such majority vote is less than that required herein.
b. A majority of the members of the city council, regardless of number, may fill any vacancy in the city council.
3. Reconsideration: Any action taken by the city council shall not be reconsidered or rescinded at any special meeting unless the number of members of the city council present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.
F. Electronic Meetings:
1. Any public body of Garland City may, by following the procedures and requirements of this Ordinance and those outlined by state law, convene and conduct an electronic meeting.
2. Definitions.
ANCHOR LOCATION: | The physical location where a public meeting is held and from which the electronic meeting originates or from which the participate(s) is/are connected. |
ELECTRONIC MEETING: | A Garland City meeting convened or conducted by means of a telephonic, telecommunications, or computer conference. |
ELECTRONIC NOTICE: | Electronic mail or fax. |
MONITOR: | To hear live, by speaker or by other equipment, all of the public statements of each member of the Public Body who is participating in a meeting; or see, by computer screen or other visual medium, all public statements of each member of the Public Body who is participating in a meeting. |
PARTICIPATE: | The ability to communicate with all of the members of the Public Body, either verbally or electronically, so that each member of the Public Body can hear or see the communication. |
PUBLIC BODY: | The City Council or other official City body or commission that is created by City ordinance or resolution and consists of two or more persons and expends, disburses, or is supported by tax revenue and is vested with the authority to make decisions regarding the public's business. |
PUBLIC HEARING: | A meeting at which comments from the public will be accepted. At public meetings, participation of the public is through observation/listening with public input being provided during any approved period of the meeting agenda that has been designated for such participation. |
PUBLIC STATEMENT: | A statement made in the ordinary course of business of the Public Body with the intent that all other members of the Public Body receive it. |
REMOTE LOCATION: | Any place, other than the anchor location, where a member is at, who participates in a telecommunication meeting. |
TELECOMMUNICATIONS MEETING: | A formal meeting of the City where one or more members participates from a remote location via telephone, internet, television, or other telecommunication means now known or yet to be developed. |
3. Procedures
a. The meeting procedures to be followed at the electronic meeting shall be the same as those followed by the public body in a non-electronic meeting.
b. A speakerphone, or similar amplifying electronic device, will be connected in such a manner that comments made by the members participating electronically will be broadcast through the public address system at the anchor location. Full participation of each member present and those participating electronically will be given to make inquires and participate in the discussion through a roll call method. Votes taken in these circumstances shall be by roll call method, with each member audibly verbalizing their vote in accordance with Garland City Code.
c. Garland City elected and appointed representatives and city staff shall be considered present as if the individual(s) were physically on-site and present. Any form of telecommunication may be used, as long as it allows for real time interaction in the way of discussions, questions and answers, and voting.
d. Designated sites at which an electronic meeting is held will be open to the public unless specifically closed to the public under state law. Members of the public attending such a meeting may provide input during any meeting that is designated for public participation. Space and facilities will be provided at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.
e. Minutes of the meeting shall record the presence of members participating through electronic means. The roll call for members present will be taken verbally and recorded.
f. Discussion of motions will take place in accordance with usual procedures with the exception of those present electronically must declare their intent verbally with their accompanying name(s). All voting and consensus requests shall be made verbally and by roll call when a voting participant is present electronically.
g. Public notice of the meeting shall be made in the manner and within the time frame as set forth in Utah Code Annotated, Section 52-4-6.
h. Any member(s) participating from remote locations shall make contact with the City fifteen (15) minutes prior to the start of the meeting to ensure that the equipment to be used is in proper working order.
i. Quorum. Members participating via telecommunications are to be considered present for purposes of establishing a quorum, as defined by law. In the event of failure of equipment, or other factor, which causes a lack of communications with a member(s) causing lack of a quorum, no additional business may be conducted until the quorum can be reconstituted. Continuances may be granted as set forth by law. Business already conducted remains binding.
j. Location. Whenever a meeting is to be held with a member(s) via telecommunications, the anchor location identified in all notices shall be the City offices, 72 N. Main St., Garland City, Box Elder County, Utah or such other location as determined by the Council in accordance with law. Public participation is limited to the anchor location. Members participating via telecommunications may do so from any location where access can be had and the criteria of this section met.
k. Method. Any telecommunications method now known or hereafter developed may be used to conduct a telecommunications meeting, so long as the criteria set forth herein can be met. All persons at the anchor location shall be required to have real time video and/or audio contact with member(s) participating from remote locations, so as to know the entire discussion and deliberations of the Council. Members participating from remote locations shall have the obligation to use appropriate equipment or take other precautions to eliminate static or other disturbances to the orderly conduct of the meeting. If available, and not cost prohibitive, an audio and video feed is the preferred method of conducting a telecommunications meeting.
l. Closed meetings. Participation in a closed meeting shall not be allowed electronically. (2006 Code; amd. Ord. 11-08, 12-22-2011; Ord. 12-08, 12-18-2012; Ord. O-22-01, 1-5-2022; Ord. O-22-02, 1-19-2020)