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CHAPTER 3.06. - POLICY AND PROCEDURE FOR THE APPROVAL OF WRITTEN MINUTES FOR PUBLIC MEETINGS#
Sec. 3.06.010. - Definitions.#
For purposes of this ordinance the following definitions shall apply so long as they are consistent with the definitions of the same terms found in the Utah Open and Public Meetings Act. If a term is defined differently in the Utah Open and Public Meetings Act, the definition found in that Act shall apply:
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.
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. 1.
"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.
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.
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; 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.
Proposed minutes shall mean the written minutes prepared by the meeting clerk that have been given to the members of a public body for their review and approval.
Public body means any administrative, advisory, executive, or legislative body of this municipality that: 1.
Is created by the Utah Constitution, statute, rule, ordinance, or resolution;
2.
Consists of two or more persons;
3.
Expends, disburses, or is supported in whole or in part by tax revenue; and
4.
Is vested with the authority to make decisions regarding the public's business.
(Ord. 2015-04, 11/10/2015)
Sec. 3.06.020. - Policy for approval of minutes.#
The following shall be the policy and procedure for the approval of minutes for this municipality. 1.
Written minutes shall be taken for all public meetings of any public body of this municipality. The minutes of all public meetings of any public body of this municipality shall be recorded and taken down by the meeting clerk during the course of any public meeting of the public body.
2.
Within seven working days from the end of the meeting, the meeting clerk shall prepare proposed minutes for the meeting and give a copy of the proposed minutes to each member of the public body for his or her review and comments.
3.
Once the proposed minutes have been given to the members of the public body, the meeting clerk shall immediately make available to the public the proposed written minutes, which shall be a clearly identified as "awaiting formal approval" or "unapproved" or with some other appropriate notice that the proposed minutes are subject to change until formally approved and they shall become a public document available to any member of the public who requests to read or copy the proposed minutes.
4.
The public body shall consider the proposed minutes for approval at the first meeting of the public body that immediately follows the meeting clerk giving the proposed minutes to the members of the public body. The members of the public body shall either approve the proposed written minutes as presented; or vote to correct and amend the proposed written minutes and then approve the corrected and amended written minutes at that meeting.
5.
If the public body fails to consider the proposed minutes, or does not take any action to approve the proposed minutes at the first public meeting held by the public body immediately following the public body's receipt of the proposed minutes from the meeting clerk, the proposed minutes shall be deemed to have been approved by the public body and will stand as proposed.
6.
Once the proposed minutes have either been approved by the public body, or have been deemed to have been approved by the inaction of the public body, they shall become the official record of the proceedings of the public body and shall be signed by the clerk of the meeting and shall be retained in the official records of this municipality and shall be a public document available for the inspection and copying by members of the public as appropriate under Utah law.
(Ord. 2015-04, 11/10/2015)
CHAPTER 3.08. - EQUAL OPPORTUNITY EMPLOYMENT#
Sec. 3.08.010. - Employers holding federal contracts and subcontracts.#
1.
Race, color, religion, sex, national origin. Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.
2.
Individuals with handicaps. Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified individuals with handicaps who, with reasonable accommodation, can perform the essential functions of a job.
3.
Vietnam era and special disabled veterans. 38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits job discrimination and requires affirmative action to employ and advance in employment qualified Vietnam era veterans and qualified special disabled veterans.
(Ord. 2015-04, 11/10/2015)
Sec. 3.08.020. - Private employment, state and local governments, educational institutions.#
1.
Race, color, religion, sex, national origin. Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment on the basis of race, color, religion, sex or national origin.
2.
Disability. The Americans with Disabilities Act of 1990, as amended, protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, classification, referral, and other aspects of employment on the basis of disability. The law also requires that covered entities provide qualified applicants and employees with disabilities with reasonable accommodations that do not impose undue hardship.
3.
Age. The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination on the basis of age in hiring, promotion, discharge, compensation, terms, conditions or privileges of employment.
4.
Sex (wages). In addition to sex discrimination prohibited in Title VII of the Civil Rights Act, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.
(Ord. 2015-04, 11/10/2015)
Sec. 3.08.030. - Programs or activities receiving federal financial assistance.#
1.
Race, color, national origin, sex. In addition to the protection of Title VII, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs or activities receiving federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive federal assistance.
2.
Individuals with handicaps. Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of handicap in any program or activity which receives federal financial assistance. Discrimination is prohibited in all aspects of employment against handicapped persons who, with reasonable accommodation, can perform the essential functions of a job.
(Ord. 2015-04, 11/10/2015)
CHAPTER 3.10. - ADMINISTRATIVE PROCEEDINGS#
Sec. 3.10.020. - Administrative law judge.#
1.
Administrative law judge as appeal authority.
a.
Establishment. There is hereby established an appeal authority consisting of an administrative law judge, appointed by the mayor with the advice and consent of the legislative body.
b.
Administrative law judge and terms; selection of administrative law judge.
i.
Process of selection. Upon the need for the filling of a vacancy or establishing one or more new administrative law judges, the mayor shall act to post notice of the administrative law judge vacancy as a Class A notice as required under U.C.A. § 63G-30-102. Said notice shall include at least the general responsibilities of the judge, direction for interested applicants to submit a letter of interest, procedure for submitting letters of interest, and the closing date of the vacancy's notice. The notice shall be advertised for not less than ten days.
ii.
Selection. Upon completion of the vacancy notice period, the mayor shall be charged with the selection of the new administrative law judge from the collection of submitted letters of interest. It shall be to the mayor's discretion regarding the process for reviewing interested applicants for appointment to fill any administrative law judge vacancies.
iii.
Concurrency.
(1)
Members of the citizenry shall be considered ineligible to serve as an administrative law judge, if that person is a member of the city council, planning commission, city staff or any other city board or commission, or any other direct conflict of interest.
(2)
Term of the judge. The term of an administrative law judge shall be four years concluding at midnight on the 31st day of December of the year of term expiration. At the expiration of the term the mayor may reappoint the judge to additional four-year terms with the advice and consent of the legislative body.
(3)
Established administrative law judge. Individuals serving as an administrative law judge at the time of adoption of this ordinance shall be considered properly appointed and shall not be required to be reappointed. The mayor shall be required to establish terms for established members in accordance with this section.
c.
Vacancies and removal of the administrative law judge.
i.
Removal. Any judge may be removed for cause by the governing body upon written charges and after a public hearing, if a public hearing is requested by the governing body or the member being removed.
ii.
Vacancies. Upon the removal of a judge, as specified in this section, or the written resignation of any judge, the mayor shall pursue the selection of a new judge to fill the vacancy.
d.
Powers and duties. In accordance with U.C.A. § 10-9a-701, the administrative law judge shall be charged with the duties of the appeal authority to:
i.
Serve as the final arbiter of all issues involving the interpretation or application of land use ordinances;
ii.
Serve as the final arbiter of all issues involving requests for variances from the terms of the land use ordinances; and
iii.
Serve as the final arbiter of all issues involving appeals of land use authority decisions; and
iv.
May not hear appeals from subdivision improvement plans as provided for in U.C.A. § 10-9a-604.2.
e.
Organization and procedures.
i.
Meetings. The administrative law judge may hold meetings, as the appeal authority, according to U.C.A., Tit. 52, Ch. 4, Open and Public Meetings, and following proper notice as established in the Utah State Code. The administrative law judge may call special meetings as warranted following proper notice and in compliance with the open and public meetings requirements.
ii.
Judge required. The administrative law judge must be present in order to conduct any public meeting of the appeal authority or to hear items of business before the appeal authority.
iii.
Decision. The administrative law judge will listen to the facts presented and will base his/her decision upon his/her understanding of that information.
iv.
Rules of order. The administrative law judge may develop, adopt and maintain additional by-laws and/or rules of decorum and order to be followed during meetings of the appeal authority. All appeal authority hearings shall be conducted as quasi judicial proceedings and in accordance with U.C.A. § 10-9a-701 et seq.
v.
Evidence. Pursuant to U.C.A. § 10-9a-701, any adversely affected party being heard by the appeal authority shall be required to present to the appeal authority every theory of relief that they can raise in district court.
(Ord. 2015-04, 11/10/2015; Ord. No. 2025-03, § 1 (Exh. A), 2/11/2025)
CHAPTER 3.22. - CONSTITUTIONAL RIGHTS AND TAKINGS#
Sec. 3.22.010. - Policy considerations.#
There is an underlying policy in the city strongly favoring the careful consideration of matters involving constitutional taking claims, in fairness to the owner of private property bringing the claim and in view of the uncertainty and expense involved in defending law suits alleging such issues. At the same time, the legitimate role of government in lawfully regulating real property must be preserved and the public's right to require the dedication or exaction of property consistent with the constitution.
Consistent with this policy, it is desired that a procedure be established for the review of actions that may involve the issue of a constitutional taking. These provisions are to assist governments in considering decisions that may involve constitutional takings. It is intended that a procedure for such a review be provided, as well as guidelines for such considerations. This ordinance is further intended and shall be construed to objectively and fairly review claims by citizens that a specific government action should require payment of just compensation, yet preserve the ability of the city to lawfully regulate real property and fulfill its other duties and functions.
(Ord. 2015-04, 11/10/2015)
Sec. 3.22.020. - Definitions.#
Constitutional taking means actions by the involving the physical taking or exaction of real property that might require compensation to a real property owner because of: 1.
The Fifth or Fourteenth Amendment to the Constitution of the United States;
2.
Utah Const. art. I, § 22;
3.
Any court ruling governing the physical taking or exaction of private real property by a government entity;
Actions by the City of Kamas involving the physical taking or exaction of private real property is not a constitutional taking if the physical taking or exaction: a.
Bears an essential nexus to a legitimate governmental interest; and
b.
Is roughly proportionate and reasonably related, on an individualized property basis, both in nature and extent, to the impact of the proposed development on the legitimate government interest.
(Ord. 2015-04, 11/10/2015)
Sec. 3.22.030. - Guidelines advisory.#
The guidelines adopted and decisions rendered pursuant to the provisions of this section are advisory, and shall not be construed to expand or limit the scope of the city's liability for a constitutional taking. The reviewing body or person, shall not be required to make any determination under this ordinance except pursuant to KMC 3.22.040.
(Ord. 2015-04, 11/10/2015)
Sec. 3.22.040. - Review and decision.#
Any owner of private real property who claims there has been a constitutional taking of their private real property shall request a review of a final decision of any officer, employee, board, commission, or council. The following are specific procedures established for such a review: 1.
The person requesting a review must have obtained a final and authoritative determination, internally, within the city relative to the decision from which they are requesting review.
2.
Within 30 days from the date of the final decision that gave rise to the concern that a constitutional taking has occurred, the person requesting the review shall file in writing, in the office of the (city recorder/county commission), a request for review of that decision. A copy shall also be filed with the city's attorney.
3.
The city council or an individual, or body designated by the city council shall immediately set a time to review the decision that gave rise to the constitutional takings claim.
4.
In addition to the written request for review, the applicant must submit, prior to the date of the review, the following:
a.
Name of the applicant requesting review;
b.
Name and business address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;
c.
A detailed description of the grounds for the claim that there has been a constitutional taking;
d.
A detailed description of the property taken;
e.
Evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of that same property before and after the alleged constitutional taking, the name of the party from whom purchased, including the relationship, if any, between the person requesting a review and the party from whom the property was acquired;
f.
Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;
g.
Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three years prior to the date of application;
h.
All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years prior to the date of application;
i.
The assessed value of and ad valorem taxes on the property for the previous three years;
j.
All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan;
k.
All listings of the property for sale or rent, price asked and offers received, if any, within the previous three years;
l.
All studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility of development or utilization of the property;
m.
For income producing property, itemized income and expense statements from the property for the previous three years;
n.
Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and
o.
The city council or their designee may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a constitutional taking.
5.
An application shall not be deemed to be "complete" or "submitted" until the reviewing body/official certifies to the applicant, that all the materials and information required above, have been received by the city. The reviewing body/official shall promptly notify the applicant of any incomplete application.
6.
The city council, or an individual or body designated by them, shall hear all the evidence related to and submitted by the applicant, city or any other interested party.
7.
A final decision on the review shall be Tendered within 14 days from the date the complete application for review has been received by the city recorder. The decision of the city council or designee regarding the results of the review shall be given in writing to the applicant and the officer, employee, board, commission or council that rendered the final decision that gave rise to the constitutional takings claim.
8.
If the city council fails to hear and decide the review within 14 days, the decision appealed from shall be presumed to be approved.
(Ord. 2015-04, 11/10/2015)
Sec. 3.22.050. - Reviewing guidelines.#
The city council shall review the facts and information presented by the applicant to determine whether or not the action by the city constitutes a constitutional taking as defined in this chapter. In doing so, they shall consider: 1.
Whether the physical taking or exaction of the private real property bears an essential nexus to a legitimate governmental interest.
2.
Whether a legitimate governmental interest exists for the action taken by the city.
3.
Is the property and exaction taken, roughly proportionate and reasonably related, on an individual property basis, both in nature and extent, to the impact caused by the activities that are the subject of the decision being reviewed.
(Ord. 2015-04, 11/10/2015)