Laketown, Utah
RESOLUTION 2020-01
A RESOLUTION OF LAKETOWN ESTABLISHING A POLICY FOR THE TOWN COUNCIL TO CONVENE AND CONDUCT ELECTRONIC PUBLIC MEETINGS AND PROVIDING PROCEDURES FOR PARTICIPATION IN ELECTRONIC MEETINGS
WHEREAS, under the provisions of Utah Code §52-4-207 the town council or other public body of the town may hold an electronic meeting if the town has adopted a resolution, rule or ordinance governing the use of electronic meetings; and
WHEREAS, the town council wishes to adopt standards and procedures for electronic meetings to be held under limited circumstances; and
WHEREAS, the town council believes it is in the public interest to conduct electronic meetings from time to time to assure that all members of the council have an opportunity to participate in meetings of the council regardless of the physical location of the individual members of the council; and
WHEREAS, the town council desires to have the option of conducting electronic meetings when circumstances may require given the many communication options provided by technology.
NOW THEREFORE, BE IT ORDAINED by the Laketown Town Council as follows:
SECTION 1: Definitions.
For the purpose of this resolution the following definition shall apply.
1. 'Anchor location' shall mean the physical location from which an electronic meeting originates or the participants are connected.
2. 'Electronic meetings' shall mean a public meeting convened or conducted by means of a conference using electronic communications.
3. 'Monitor' means to hear or observe, live, by audio or video equipment, all of the public statements of each member of the town council who is participating in a meeting.
4. 'Participate' shall mean the ability to communicate with all of the members of the town council, either verbally or electronically, so that each member of the town council can hear or observe the communication.
5. 'Public body' shall mean the town council or other official town body or commission that is created by town ordinance or resolution and consists of two or more person and expends, disburses or is supported by tax revenue and is vested with the authority to make decisions regarding the public's business.
SECTION 2: Electronic Meeting Requirements.
No meeting of the town council may be convened and held as an electronic meeting except on the following conditions.
1. A request for an electronic meeting has been made by a member the public body to the mayor at least twenty-four (24) hours in advance of the meeting to allow for arrangements to be made for the electronic meeting; and
2. Notice of the electronic meeting has been given as provided herein.
SECTION 3: Notice of Electronic Meetings.
An electronic meeting may be convened and conducted by the town council or public body when the following requirements are met.
1. Public notice of the meeting must be given pursuant to Utah Code §52-4-202 of the Utah Open and Public Meetings Act by:
a. Posting written notice at the anchor location for each meeting and on the Utah Public Notice website; and
b. Providing notice of the electronic meeting to the members of the town council or public body at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present.
c. The notice to the members of the public body shall give a description of how the members will be connected to the electronic meeting.
2. Emergency meetings will follow the Utah Code §52-4-202 (5).
SECTION 4: Place of meeting.
1. The town clerk shall establish one or more anchor locations for the public meetings, at least one of which shall be where the town council would normally meet if they were not holding an electronic meeting.
2. Members of the town council and the mayor may be connected to the meeting by telephonic, telecommunications, or computer conference.
3. If the mayor is unable to be at the anchor location for the electronic meeting, a town council member may be designated to chair the meeting from the anchor location. Procedures for conducting an electronic meeting shall be the same as other town council meetings.
4. In cases of emergency, an alternate anchor location may be utilized. Prior notice regarding the location change will be made in keeping with public notice requirements.
SECTION 5: Meeting facilities.
When there is an electronic meeting, facilities in the town council chamber will be made available so that interested persons and the public may attend and monitor the open portions of the meeting; and if the meeting includes a public hearing, provide space and facilities at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.
SECTION 6: Governor Gary Herbert's executive order suspending the Enforcement of Provisions of Utah Code §52-4-202 and 52-4-207, and Related State Agency Orders, Rules, and Regulations, Due to Infectious Disease COVID-19 Novel Coronavirus as follows in attached 'Exhibit A'
SECTION 7: This resolution shall take effect immediately upon adoption.
PASSED and ADOPTED THIS 2nd day of September 2020.
Town of Laketown:
___________________________________
Burdette W. Weston
Laketown Mayor
ATTEST:
___________________________________
Amber Droesbeke
Town Clerk
TOWN COUNCIL VOTE AS RECORDED:
Motion Second Aye Nay
Council Member Clark: ____ ____ ____ ____
Council Member Ogilvie: ____ ____ ____ ____
Council Member Robinson: ____ ____ ____ ____
Council Member Wight: ____ ____ ____ ____
(In event of a tie vote of the Council):
Mayor Burdette W. Weston ____ ____
Notice of Special Accommodations (ADA)
NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify the town clerk three days before the meeting, so arrangements can be made.