ORDINANCE NO. 2024-1253-O

AN ORDINANCE UPDATING SECTIONS OF THE COUNTY CODE REGARDING COUNTY COMMISSION MEETINGS

RECITALS AND LEGISLATIVE FINDINGS

WHEREAS, in the 2024 legislative session, the Utah Legislature adopted House Bill 36 Open and Public Meetings Act Amendments (the “Legislation”);

WHEREAS, the Legislation removes language that previously defined when a public body is considered to have “convened” a public meeting;

WHEREAS, under the Legislation, it is necessary for the County Commission to clarify in our code the process by which a meeting of the County Commission is convened;

WHEREAS, it is also necessary to clean up relevant sections of the county code by removing material that is either redundant or outdated because of changes in state law.

NOW, THEREFORE, the County Legislative Body of Washington County ORDAINS as follows:

The County Commission adopts the following changes to Chapter 5 of Title 1, Washington County Code:

1-5-1: MEETINGS:

   A.   Definitions: As used in this section:

   MEETING: Carries the same meaning as defined in the Utah Open and Public Meetings Act, including any future amendments to that act.

   PUBLIC NOTICE: Means the notice that is required by state law before holding a meeting.

   B.   Open, Public Meetings; Exceptions:

      1.   Every meeting of the board of commissioners is open to the public, except that a closed meeting may be held, upon an affirmative vote by two-thirds (2/3) of the board at an open meeting for which public notice has been given, for any purpose allowed under state law.

2. A regular or special meeting of the board of county commissioners is convened by gathering a quorum of the board of county commissioners after public notice of the meeting has been provided by the county clerk/auditor.

   C.   Minutes:

      1.   Written minutes and a recording shall be kept at all meetings of the board of county commissioners other than closed meetings.

      2.   Minutes of an open meeting shall include the matters that are required by state law. A recording shall be kept of any closed meeting of the board of county commissioners..

   D.   Days, Time Specified: Regular meetings of the board of commissioners shall be held on the first and third Tuesdays of each month, at four o'clock (4:00) P.M., in the county commission chambers of the county administration building, located at 111 East Tabernacle, St. George, Utah, until changed by ordinance or resolution.

   E.   Public Notice Of Meetings:

      1.   The county clerk/auditor shall provide public notice of the annual county commissioners meeting schedule in accordance with state law.

      2.   The county clerk/auditor may revise the annual meeting schedule by providing notice of the revised annual meeting schedule.

   F.   Agenda Notice:

      1.   The county clerk/auditor shall provide public notice of any meeting of the Board of County Commissioners.

   G.   Special Meetings:

      1.   When the business of the county so requires, a special meeting may be ordered by the majority of the board of commissioners or by the chairperson thereof. Each order calling a special meeting shall be signed by the members or chairperson calling the meeting. The order must be entered into the minutes of the board. Five (5) days' notice of such special meeting must be given by the county clerk/auditor to the members of the board not participating in the order. A board member not participating in the order may waive the notice required under this section. The order must specify the business to be transacted.

      2.   Before any such special meeting is held pursuant to subsection G1 of this section, the county clerk/auditor shall provide public notice of the meeting in accordance with state law.

   H.   Electronic Meetings: The board of commissioners may convene an electronic meeting in accordance with Utah code 52-4-207 as amended:

      1.   Commissioner Attendance By Electronic Means: One anchor location for electronic meetings shall be the location of regularly published board of commission meetings unless a different anchor location is designated. A different anchor location may be designated, as long as adequate facilities are provided for public attendance. If comments from the public will be accepted during the electronic meeting, space and facilities at the anchor location will be provided, so interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

      2.   Public Attendance By Electronic Means: The board of commissioners may allow members of the public, through electronic means, to attend, monitor, and, where appropriate, participate in the public portion of electronic meetings.

      3.   No Anchor Location: The commission may conduct an electronic meeting without an anchor location in accordance with Utah Code Section 52-4-207.

      4.   Notice: Notice of the meeting is to be given pursuant to the special noticing requirements of state law.

   I.   Emergency Meeting: When, as a result of unforeseen circumstances, it is necessary for the board of commissioners to hold an emergency meeting to discuss matters of an emergency or urgent nature, the public notice requirements may be disregarded and the best notice practicable given as required by state law. No such emergency meeting shall be held unless an attempt has been made to notify all the members of the board of commissioners, and a majority votes in the affirmative to hold such meeting. At any such emergency meeting, only those matters of an emergency or urgent nature may be transacted by the board of commissioners. (Ord. 286, 6-20-1977; and. 2004 Code; Ord. 2011-1009-O, 6-7-2011; Ord. 2017-1079-O, 1-3-2017; Ord. 2021-1174-O, 4-6-2021; Ord. 2023-1233-O, 5-2-2023)

Effective Date

   This ordinance shall take effect on May 1, 2024. Following its passage, but prior to the effective date, a copy of the ordinance shall be deposited with the County Clerk and a short summary of the ordinance shall be published in a newspaper of general circulation within the County.

APPROVED AND ADOPTED this 2nd day of April 2024.

   WASHINGTON COUNTY

                  ___________________________

GIL ALMQUIST, Chair   

Washington County Commission            

ATTEST:

_________________________________

Ryan Sullivan

Washington County Clerk-Auditor

Commissioner Almquist voted ____

                     Commissioner Iverson voted____

                     Commissioner Snow voted ____

Approved as to Form:

_________________________________

Deputy Washington County Attorney