MONROE CITY CORPORATION
ORDINANCE NO. 6 02 2009
AN ORDINANCE ESTABLISHING A POLICY AND PROCEDURE FOR THE APPROVAL OF WRITTEN MINUTES FOR THE PUBLIC MEETINGS OF THE CITY COUNCIL AND OTHER PUBLIC BODIES OF THIS MUNICIPALITY
WHEREAS, the Utah Code 52-4-101 et seq. The Utah Open and Public Meetings Act, requires that written minutes of the meeting of a public body be taken; and
WHEREAS, the written minutes of meetings of a public body are public documents that constitute the official record of this municipality and need to be appropriately retained by this Municipality and made available to the public at reasonable times and at reasonable cost; and
WHEREAS, this municipality desires to ensure that the written minutes of meetings accurately reflect the substance of the deliberations and the actual decisions of the public body; and
WHEREAS, this municipality wishes to ensure that the written minutes are accurate
by establishing a policy and procedure for the approval of the written minutes before they become the official record of this municipality; and
WHEREAS, the Utah Open and Public Meetings Act requires this municipality to establish a policy concerning how written minutes are to be approved by a public body of this municipality.
NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THIS
MUNICIPALITY AS FOLLOWS:
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:
(1) "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.
(2) (a) "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, or acting upon a matter over which the public body has jurisdiction or advisory power.
(b) "Meeting" does not mean:
(I) a chance meeting;
(ii) a social meeting; or
(iii) 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:
(A) 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
(B) 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.
(3) "Meeting Clerk" shall mean the City Recorder (or their acting deputies) for a city council, or shall mean the person assigned by a public body, other than the city council, to record and to take the written minutes of a meeting of a public body of this municipality.
(4) "Minutes" of a meeting is a written record of the meeting that shall include:
(a) the date, time and place of the meeting;
(b) the names of members present and absent;
c) 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;
(d) a record, by individual member, of each vote taken by the public body;
(e) the name of each person who:
(i) is not a member of the public body; and
(ii) after being recognized by the presiding member of the public body, provided testimony or comments to the public body;
(f) the substance, in brief, of the testimony or comments provided by the public under subsection (4)(e)(ii); and
(g) any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.
(5) "Proposed Draft 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.
(6) "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;
(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.
SECTION II. 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 any public body.
(2) The meeting clerk shall prepare and keep written minutes and recordings of public meetings in accordance with the Utah Open and Public Meetings Act. Minutes and recordings are to be made available to the public as required by the Act.
(3) Once the proposed minutes have been given to the members of the public body, the meeting clerk shall make copies of the written minutes available to the public, which shall be clearly identified as "awaiting formal approval", "draft" 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 or draft minutes.
(4) The public body shall consider he proposed, (draft) 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 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.
PART III. This ordinance shall take effect upon posting and publication as may be required by law.
PASSED AND DATED THIS 23RD DAY OF JUNE, 2009.
Monroe City Mayor
Monroe City Recorder
RECORDER’S CERTIFICATE OF POSTING
I, Emalee H. Curtis, the duly appointed Recorder for the City of Monroe, hereby certify that
copies of the foregoing Ordinance 6 02 2012, establishing a policy and procedure for the
approval of written minutes for the public meetings of the city council and other public bodies of
this municipality, were posted at three public places within the municipality this 9th day of
June, 2009, which public places are:
1. Monroe City Hall
2. Monroe City Library
3. Crisp Grocery
I also certify that a summary of the ordinance was published in the Richfield Reaper on June 24,
2009 and posted on Monroe City’s website "littlegreenvalley.com".
Dated this 9th day of June, 2009
Emalee H. Curtis
Monroe City Recorder
NOTICE OF ADOPTION OF ORDINANCE 6 02 2009
ESTABLISHING A POLICY AND PROCEDURE FOR THE
APPROVAL OF WRITTEN MINUTES FOR PUBLIC MEETINGS
OF MONROE CITY
Notice is hereby given
that the City Council of Monroe City, Utah at its June 23, 2009 council meeting did adopt Ordinance 6/02/2009 establishing a policy and procedure for the approval of written minutes for public meetings of Monroe City.
This ordinance complies with the Utah Open and Public Meetings Act which requires that the municipality establish a policy concerning how written minutes are to be approved by a public body of this municipality and made available to the general public.
Copies of the complete text of the ordinance are on file at the office of the city recorder, 10 North Main Street, Monroe, Utah during normal business hours. This ordinance shall take effect upon publication upon publication of this notice.
Dated this 15th day of June, 2009
Emalee H. Curtis
Monroe City Recorder
Published in the Richfield Reaper June 24, 2009