Title 52 Chapter 4 Section 202

Public Officers
Open and Public Meetings Act
Section 202
Public notice of meetings -- Emergency meetings.


52-4-202.   Public notice of meetings -- Emergency meetings.

            (1) A public body shall give not less than 24 hours public notice of each meeting including the meeting:

            (a) agenda;

            (b) date;

            (c) time; and

            (d) place.

            (2) (a) In addition to the requirements under Subsection (1), a public body which holds regular meetings that are scheduled in advance over the course of a year shall give public notice at least once each year of its annual meeting schedule as provided in this section.

            (b) The public notice under Subsection (2)(a) shall specify the date, time, and place of the scheduled meetings.

            (3) (a) Public notice shall be satisfied by:

            (i) posting written notice:

            (A) at the principal office of the public body, or if no principal office exists, at the building where the meeting is to be held; and

            (B) beginning October 1, 2008 and except as provided in Subsection (3)(b), on the Utah Public Notice Website created under Section 63F-1-701; and

            (ii) providing notice to:

            (A) at least one newspaper of general circulation within the geographic jurisdiction of the public body; or

            (B) a local media correspondent.

            (b) A public body of a municipality under Title 10, Utah Municipal Code, a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, is encouraged, but not required, to post written notice on the Utah Public Notice Website, if the municipality or district has a current annual budget of less than $1 million.

            (c) A public body is in compliance with the provisions of Subsection (3)(a)(ii) by providing notice to a newspaper or local media correspondent under the provisions of Subsection 63F-1-701(4)(d).

            (4) A public body is encouraged to develop and use additional electronic means to provide notice of its meetings under Subsection (3).

            (5) (a) The notice requirement of Subsection (1) may be disregarded if:

            (i) because of unforeseen circumstances it is necessary for a public body to hold an emergency meeting to consider matters of an emergency or urgent nature; and

            (ii) the public body gives the best notice practicable of:

            (A) the time and place of the emergency meeting; and

            (B) the topics to be considered at the emergency meeting.

            (b) An emergency meeting of a public body may not be held unless:

            (i) an attempt has been made to notify all the members of the public body; and

            (ii) a majority of the members of the public body approve the meeting.

            (6) (a) A public notice that is required to include an agenda under Subsection (1) shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting. Each topic shall be listed under an agenda item on the meeting agenda.

            (b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding member of the public body, a topic raised by the public may be discussed during an open meeting, even if the topic raised by the public was not included in the agenda or advance public notice for the meeting.

            (c) Except as provided in Subsection (5), relating to emergency meetings, a public body may not take final action on a topic in an open meeting unless the topic is:

            (i) listed under an agenda item as required by Subsection (6)(a); and

            (ii) included with the advance public notice required by this section.

Amended by Chapter 5, 2009 Special Session 1