CHAPTER 3-600. - PUBLIC MEETINGS, EXECUTIVE SESSIONS, RECORDS AND PUBLICATION PROCEDURE.
Part of the Revised Ordinances of Tremonton, UT.
The text
Part 3-601. - Business of Governing Body Conducted Only in Open Meeting.#
State Law reference— See U.C.A. § 10-3-601 and 52-4-101 through 52-4-305.
3-603. - Public Records.#
State Law reference— See U.C.A. § 10-3-603, 63-2-101 through 63-2-1001.
(Ord. No. 24-12, 10-29-24)
3-604. - Annual Examination of Municipal Finances — Publication of Results.#
State Law reference— See U.C.A. § 10-3-604.
(Ord. No. 24-12, 10-29-24)
3-606. - Rules of Procedure and Order.#
Pursuant to Utah Code 10-3-606, the following rules of order and procedure shall be used to govern the meetings of the Planning Commission, Development Review Committee, and Appeal Authorities. (1)
Meeting Procedures. All Planning Commission, DRC, and Appeal Authority meetings shall be conducted in accordance with Roberts Rules of Order. If any rule contained in Roberts Rules of Order conflicts with any provision of these rules in this Section or Utah State law governing meeting procedures for the Planning Commission, DRC, or Appeal Authorities, the Planning Commission, DRC, and Appeal Authority shall follow the provision of these rules in this Section or State Law.
(2)
Public Comment. There shall be on every agenda of the Planning Commission, DRC, and Appeal Authority an item entitled "public comment." The public comment portion of the meeting shall be limited to the public speaking to the Planning Commission, DRC, or Appeal Authority on any item not on the agenda or at the discretion of the Chairperson an item on the agenda. Members of the public shall be free to express any idea, question, or view point without limitation except for time and the manner of the presentation. Individual members of the public shall be limited to three (3) minutes time. The Chairperson of the meeting shall ensure that the public comment is civil and orderly. The Chairperson shall use its best efforts to allow the free expression of the public and keep the meeting in order. Members should not interrupt, argue with, or otherwise interfere with any comment by a member of the public. The Planning Commission, DRC, or Appeal Authority may ask clarifying questions of the member of the public making a presentation and other members of the public may ask clarifying questions of the presenter at the discretion of the Chairperson.
(3)
Public Participation in Meeting. Other than, at a required public hearing and the public comment portion of the meeting, members of the public shall not be allowed to participate in the meeting unless they are on the agenda.
(4)
Member Participation. At regular meetings of the Planning Commission, DRC, and Appeal Authority Members shall speak only after being recognized by the Chairperson. Any meeting designated as a work meeting shall be more informal and Members may freely participate as long as proper decorum is maintained. Members shall conduct themselves at all times with decorum and respect. They shall refrain from making any disparaging remarks concerning any other member of the body or the public. Any Member wishing to speak on any item on the agenda shall be recognized by the Chairperson to do so.
(5)
Disclosure. An opportunity to see, hear, and know all facts and evidence that are considered by the Planning Commission, DRC, and Appeal Authority in making a decision shall be known. Any private or ex parte communication to individual Members of the Planning Commission, DRC, or Appeal Authority shall be made known at the meeting for the record.
(6)
Conflict(s) of Interest. For purposes of this Ordinance, a conflict of interest shall include any conflict listed in the Municipal Officers' and Employees' Ethic Act contained in Utah Code Title 10, Chapter 3, Sections 1301-1313. Members of the Planning Commission, DRC, or Appeal Authority shall adhere to the requirements of the Municipal Officers' and Employees' Ethic Act contained in Utah Code Title 10, Chapter 3, Sections 1301-1313. Additionally, for purposes of this Ordinance, a conflict of interest shall include any voting matter where the matter being considered shall have a direct impact on financial gains for a Member or a Member's household, meaning spouse, domestic partner, dependent children, or anyone financially supported under Member's roof. When a conflict of interest, as defined herein, arises, the conflicted Member(s) shall not vote. The Member shall not debate the matter, and the conflicted Member shall be excused from the dais, if applicable. The conflicted Member may remain in the Council Chambers or room where the meeting is being conducted. The conflicted Member shall make no effort to persuade the non-conflicted Members on the matter for which the conflicted Member has the conflict.
(7)
Findings of Fact. An Administrative Decision made by the Planning Commission or DRC shall include the explicit and careful findings of fact which are enumerated for the record so that all interested persons know exactly what has been decided and the basis for the decision. Enumerating specific Ordinances or criteria within approving, approving with conditions, or denying an application are an essential aspect of due process and may be the basis for which an appeal of a decision is made. Records of all findings shall be kept and maintained.
(8)
Meeting Adjournment. Meetings of the Planning Commission and DRC, as a goal, shall be scheduled to end at or before 8:30 p.m. for the Planning Commission and 12:00 noon for the DRC and the Chairperson and Members shall use their best efforts to conclude the meeting in a timely manner. However, no motion to extend the time of the meeting is necessary to be made. The meetings of the Planning Commission and DRC shall not be adjourned until either all items listed on the agenda have been acted upon or a motion to adjourn is made and approved by a majority of the Members.
(Ord. No. 24-12, 10-29-24; Ord. No. 25-25, (Exh. A), 11-18-25)
State Law reference— See U.C.A. § 10-3-606.
Editor's note— Ord. No. 25-25, (Exh. A), adopted Nov. 18, 2025, set out provisions intended for use as 1.04.090. For purposes of classification, and at the editor's discretion, these provisions have been included as an amendment to § 3-606.
3-607. - Rules of Conduct for Members of the Governing Body.#
State Law reference— See U.C.A. § 10-3-607.
(Ord. No. 24-12, 10-29-24)
3-608. - Rules of Conduct for the Public.#
State Law reference— See U.C.A. § 10-3-608.
(Ord. No. 24-12, 10-29-24)
3-609. - Action on Committee Reports.#
State Law reference— See U.C.A. § 10-3-609.
3-610. - Requiring Attendance of Witnesses, Production of Evidence.#
State Law reference— See U.C.A. § 10-3-610.
(Ord. No. 24-12, 10-29-24)
3-615. - Electronic Meeting Rules.#
(1)
The Mayor, Mayor Pro Tempore or Chairperson of any Tremonton City public body shall accommodate a member of a public body's request to participate in a public meeting via electronic means (i.e.: telephonic or telecommunications conference) or a request from persons with disabilities needing special assistance to participate in a public meeting so long as the request is made forty-eight (48) hours in advance of the start of the public meeting and excepting any logistical limitations that prevent the requested accommodation of participating in the public meeting via electronic means.
(2)
Upon receiving a request for participation in a public meeting via electronic means the Mayor, Mayor Pro Tempore or Chairperson of any Tremonton City public body shall notify the City Recorder, who shall be responsible to ensure proper public notice per U.C.A. § 52-4-207 (3) (a). The City Recorder shall ensure that other notice requirements are met, and that an anchor location is set, and space for the public is at the anchor location as required by U.C.A. § 52-4-207 (3) (b).
(3)
The City's responsibility to provide electronic or telephonic connections that will allow participation in a public meeting via electronic means shall be restricted to the capability of the City's current equipment. Determination as to individuals that will receive an electronic or telephonic connection will be determined by the order that individuals' requests are received by the Mayor, Mayor Pro Tempore or Chairperson.
(4)
Prior to, or at the beginning of, the public meeting or portion of the public meeting in which individuals will be participating by electronic means, the Mayor, Mayor Pro Tempore or Chairperson shall confirm that individuals are connected.
(5)
Due to limitations and technical difficulties associated with electronic and telephonic connections or equipment, the City cannot guarantee that individuals requesting to join a public meeting via electronic means will be connected or able to adequately hear or participate in a public meeting via electronic means. If attempts to make an electronic or telephonic connection becomes a distraction, or if the electronic or telephonic connection or the individual connected by electronic means becomes disruptive, the Mayor, Mayor Pro Tempore or Chairperson may at his or her discretion decide to terminate the connection.
(6)
If voting is required, the Mayor, Mayor Pro Tempore or Chairperson may require a roll call vote, so that the non-present member's votes may be counted.
(7)
The Mayor, Mayor Pro Tempore or Chairperson may require those at anchor locations to verbalize their statements and responses, so that the non-present individuals participating by electronic means may hear the proceedings. The Mayor, Mayor Pro Tempore or Chairperson, to the extent that they deem practical, may require visual aids and written materials not available to the non-present individuals to be verbally described.
(Ord. No. 13-04 passed 06/04/13; Ord. No. 24-12, 10-29-24)
3-620. - Procedure for the Approval of Minutes for Open Public Meetings.#
(1)
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. (i)
"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.
"Minutes" of a Meeting is a written record of the Meeting that shall include: (i)
The date, time, and place of the Meeting;
(ii)
The names of members present and absent;
(iii)
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;
(iv)
A record, by individual member, of each vote taken by the Public Body;
(v)
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;
(vi)
The substance, in brief, of the testimony or comments provided by the public under Subsection (2)(e); and
(vii)
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 Recorder 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: (i)
Is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(ii)
Consists of two or more persons;
(iii)
Expends, disburses, or is supported in whole or in part by tax revenue; and
(iv)
Is vested with the authority to make decisions regarding the public's business.
"Recorder" shall mean the City Recorder (or his or her acting deputies) for the City Council, or shall mean the person assigned by a Public Body, other than a City Council, to record and to take the written minutes of a Meeting of a Public Body of this Municipality.
(2)
POLICY FOR APPROVAL OF MINUTES. The following shall be the policy and procedure for the approval of Minutes for this Municipality.
(a)
Written Minutes shall be taken for all Open Public Meetings of any Public Body of Tremonton City. The Minutes of all Public Meetings of any Public Body of Tremonton City shall be recorded and taken down by the Recorder during the course of any Open Public Meeting of the Public Body.
(b)
Within thirty (30) working days from the end of the Meeting, the Recorder 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.
(c)
Once the Proposed Minutes have been given to the members of the Public Body, the Recorder shall immediately make available to the public the Proposed Written Minutes, which shall be 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.
(d)
The Public Body shall consider the Proposed Minutes for approval at the first Meeting of the Public Body that immediately follows the Recorder 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.
(e)
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 Recorder, the Proposed Minutes shall be accessible to the public, in draft form only, upon appropriate request, but shall not be deemed to have been approved by the Public Body until such approval is given after the Body's consideration in a Public Meeting.
(f)
Once the Proposed Minutes have been approved by the Public Body, they shall become the official record of the proceedings of the Public Body and shall be signed by the Recorder 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. No. 09-15; Ord. No. 24-12, 10-29-24)