17B-1-310.  Quorum of board of trustees — Meetings of the board.

(1) 

Terms Used In Utah Code 17B-1-310

  • Quorum: The number of legislators that must be present to do business.
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse. See Utah Code 17B-1-102
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) 1;
    (B) 2;
    (C) 3;
    (D) 4;
    (E) 5;
    (F) 6;
    (G) 7;
    (H) 8;
    (I) 9;
    (J) 10; or
    (K) 11. See Utah Code 17B-1-102
    (a) 

    (i)  Except as provided in Subsection (1)(b), a majority of the board of trustees constitutes a quorum for the transaction of board business, and action by a majority of a quorum constitutes action of the board.

    (ii)  Except as otherwise required by law, an otherwise valid action of the board is not made invalid because of the method chosen by the board to take or memorialize the action.

    (b) 

    (i)  Subject to Subsection (1)(b)(ii), a board 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 board.

    (ii)  A board with five or more members may not adopt bylaws or rules that require a vote of more than two-thirds of the board to constitute board action except for a board action to dispose of real property owned by the special district.

    (2)  The board of trustees shall hold such regular and special meetings as the board determines at a location that the board determines.

    (3) 

    (a)  Each meeting of the board of trustees shall comply with Title 52, Chapter 4, Open and Public Meetings Act.

    (b)  Subject to Subsection (3)(c), a board of trustees shall:

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

    (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 board of trustees; and

    (B)  on the special district’s public website, if available.

    (c)  Subsection (3)(b) does not affect the board of trustees’ duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.

    Amended by Chapter 15, 2023 General Session