2.36.040 Electronic meetings.
A. Definitions. As used in this section:
“Anchor location” means the physical location from which the electronic meeting originates or from which the participants are connected.
“Electronic meeting” means a public meeting of a public body convened or conducted by means of electronic communications.
“Monitor” means to hear or observe, live, by audio or video equipment, all of the public statements of each member of the public body who is participating in a meeting.
“Participate” means the ability to communicate with all of the participating members of the public body, either verbally or electronically, so that each participating member of the public body can hear or observe the communication.
“Public statement” means 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.
B. Procedures. A public body may, by following the procedures and requirements of this section, convene and conduct an electronic meeting. The public body convening or conducting an electronic meeting must:
1. Give public notice of the meeting pursuant to Sections 52-4-202 and 54-2-207 of the Utah Code Annotated, as amended; and
2. Except for emergency meetings, provide notice of the electronic meeting to the members of the public body at least twenty-four 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, and provide a description of how the members will be connected to the electronic meeting.
C. Procedures Governing Electronic Meeting. The procedures to be followed at the electronic meeting are the same as those followed by the public body in a nonelectronic meeting. The chair of the public body conducts the meeting, and the meeting follows the agenda posted for that meeting. Prior to commencing the electronic meeting an electronic link will be established with all participants and, except as provided under subsection (E) of this section, the anchor location. Minutes must be kept for the meeting in accordance with the requirements of the Open and Public Meetings Act. Following passage of a motion to adjourn, the electronic link will be terminated and the meeting will be deemed concluded.
D. Anchor Location. The anchor location for electronic meetings is the Council Chambers at Midvale City Hall unless otherwise specified in the public notice. Space and facilities will be provided at the anchor location so that interested persons and the public may attend the open portions of the meeting.
E. Electronic Meeting Without Anchor Location. A public body may hold an electronic meeting without an anchor location if:
1. The chair of the public body determines that conducting the meeting with an anchor location presents a substantial risk to the health or safety of those present or who would otherwise be present at the anchor location, or the location where the public body would normally meet has been ordered closed to the public for health and safety reasons. The public notice for such meeting must include a statement describing the chair’s determination, a summary of the facts upon which the chair’s determination is based, and information on how a member of the public may attend the meeting by electronic means. The chair’s determination expires thirty days after the day on which the chair makes the determination; or
2. During the course of an electronic meeting, the chair determines that continuing to conduct the meeting with an anchor location presents a substantial risk to the health and safety of those present at the anchor location. The chair must announce during the electronic meeting the chair’s determination and provide a summary of the facts upon which the determination is made. The electronic meeting must already have electronic means by which members of the public who are not physically present at the anchor location may attend the meeting. (Ord. 2022-03 § 1 (Att. A); Ord. 2019-04 § 1; Ord. 2/16/2010O-2 § 1 (Exh. A (part)))