11-13-404.  Quorum of the governing authority — Meetings of the governing authority.

(1) 

Terms Used In Utah Code 11-13-404

  • Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
  • Interlocal entity: means :
(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
  • Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
  • Quorum: The number of legislators that must be present to do business.
  • (a) 

    (i)  Except as provided in Subsection (1)(b) or in the interlocal agreement creating the interlocal entity or joint or cooperative undertaking, a majority of the governing authority constitutes a quorum for the transaction of governing authority business, and action by a majority of a quorum constitutes action of the governing authority.

    (ii)  An otherwise valid action of the governing authority is not made invalid because of the method chosen by the governing authority to take or memorialize the action.

    (b)  Except as limited or required by the interlocal agreement creating the interlocal entity or joint or cooperative undertaking, a governing authority may adopt bylaws or other rules that require more than a majority to constitute a quorum or that require action by more than a majority of a quorum to constitute action by the governing authority.

    (2)  The governing authority shall hold such regular and special meetings as the governing authority determines at a location that the governing authority determines.

    (3) 

    (a)  Each meeting of the governing authority shall comply with Title 52, Chapter 4, Open and Public Meetings Act, regardless of whether an interlocal entity or joint or cooperative undertaking is supported in whole or part by tax revenue.

    (b)  Subject to Title 52, Chapter 4, Open and Public Meetings Act, a governing authority shall:

    (i)  adopt rules of order and procedure to govern a public meeting of the governing authority;

    (ii)  conduct a public meeting in accordance with the rules of order and procedure described in Subsection (3)(b)(i); and

    (iii)  make the rules of order and procedure described in Subsection (3)(b)(i) available to the public:

    (A)  at each meeting of the governing authority; and

    (B)  on the interlocal entity or joint or cooperative undertaking’s public website, if available.

    Enacted by Chapter 265, 2015 General Session