2.36.010 Definitions | Midvale Municipal Code

2.36.010 Definitions.

The following definitions shall apply so long as they are consistent with the definitions of the same terms found in the Utah Open Meetings Act; the definition found in that Act shall apply:

A. “Convening” means the calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power.

1. “Meeting” means the convening of a public body, with a quorum present, including a workshop or an executive session whether the meeting is held in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body has jurisdiction or advisory power.

2. “Meeting” does not mean:

a. A chance meeting;

b. A social meeting; or

c. The convening of a public body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the public body is convened and:

i. The public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or

ii. The public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action.

C. “Meeting clerk” shall mean the city recorder or town clerk (or their acting deputies) for a city or town council, or shall mean the person assigned by a public body, other than a city or town council, to record and to take the written minutes of a meeting of a public body of this municipality.

D. “Minutes” of a meeting is a written record of the meeting that shall include:

1. The date, time, and place of the meeting;

2. The names of members present and absent;

3. The substance of all matters proposed, discussed, or decided by the public body which may include a summary of comments made by members of the public body;

4. A record, by individual member, of each vote taken by the public body;

5. The name of each person who:

a. Is not a member of the public body; and

b. After being recognized by the presiding member of the public body, provided testimony or comments to the public body;

6. The substance, in brief, of the testimony or comments provided by the public under subsection (D)(5) of this section; and

7. Any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.

E. “Proposed minutes” shall mean the written minutes prepared by the meeting clerk that have been given to the members of the public body for their review and approval.

1. “Public body” means any administrative, advisory, executive, or legislative body of this municipality that:

a. Is created by the Utah Constitution, statute, rule, ordinance, or resolution;

b. Consists of two or more persons;

c. Expends, disburses, or is supported in whole or in part by tax revenue; and

d. Is vested with the authority to make decisions regarding the public’s business. (Ord. 2/16/2010O-2 § 1 (Exh. A (part)))