DAR File No. 39510

Governor, Economic Development

Rule R357-14

Electronic Meetings

Notice of Proposed Rule

(New Rule)

DAR File No.: 39510
Filed: 07/14/2015 04:53:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline the procedures for any public body created within Title 63N to hold an electronic meeting.

Summary of the rule or change:

The rule explains when an electronic meeting can be held, the procedure for requesting an electronic meeting, and what is required for the anchor location, quorums, vote counts, and any other essential requirement to an electronic meeting as provided in Utah law.

State statutory or constitutional authorization for this rule:

• Section 52-4-207

Anticipated cost or savings to:

the state budget:

This will not impact the state budget because these meetings already take place and the technology to support them in an electronic format is already present and available in our office.

local governments:

This will not impact local governments' budgets. In fact, it could save local governments travel expenses because they will be able to attend meetings held in our office electronically.

small businesses:

This will not impact small businesses because this is an internal office rule only. Small businesses could save travel expenses because they will be able to attend meetings held in our office electronically.

persons other than small businesses, businesses, or local governmental entities:

There are no other persons that could be affected by this rule financially because the rule places requirements only on the office itself. Again, savings on travel expenses because they will be able to attend meetings held in our office electronically.

Compliance costs for affected persons:

There are no anticipated compliance costs because the office already has the technology to host electronic meetings.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will allow the office to continue work in the most efficient and cost effective way for both ourselves and our community partners.

Val Hale, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Governor
Economic Development
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Jeffrey Van Hulten at the above address, by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2015

This rule may become effective on:

09/07/2015

Authorized by:

Val Hale, Executive Director

R357. Governor's Office of Economic Development.

R357-14. Electronic Meetings.

R357-14-1. Purpose and Procedure.

(1) Purpose. Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to adopt a rule governing the use of electronic meetings. This Rule establishes procedures for conducting meetings by electronic means for any and all boards, commissions, committees, and tasks forces statutorily provided in the Governor's Office of Economic Development's (GOED) code, Title 63N.

(2) Procedure. The following provisions govern any meeting at which one or more board, commission, committee, and task force members (hereinafter "member(s)") appear electronically pursuant to Section 52-4-207:

(a) If one or members desire to participate electronically, such member(s) shall contact the Executive Director of the Governor's Office of Economic Development or their designee(s) (hereinafter "Executive Director"). The Executive Director shall assess the practicality of facility requirements needed to conduct the meeting electronically in a manner that allows for the attendance, participation and monitoring as required by this Rule. If it is practical, the Executive Director shall determine whether to allow for such electronic participation, and the public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members not participating electronically will be present and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location and be provided in accordance with the Open and Public Meetings Act. The anchor location is the physical location where the electronic meeting originates or where the participants are connected. The anchor location shall be identified in the public notice for the meeting. Unless otherwise designated in the notice, the anchor location shall be a room in the offices of GOED where such meetings would normally be held.

(c) Notice of the possibility of an electronic meeting shall be given to the member(s) at least 24 hours before the meeting. In addition, the notice shall describe how a member(s) may participate in the meeting electronically.

(d) When notice is given of the possibility of a member(s) participating electronically, any member(s) may do so and any voting member(s), whether at the anchor location or participating electronically, shall be counted as present for purposes of a quorum and may fully participate and vote. At the commencement of the meeting, or at such time as any member(s) initially appears electronically, the Executive Director shall identify for the record all those who are participating electronically. Votes by member(s) who are not at the anchor location of the meeting shall be confirmed by the Executive Director.

(e) The anchor location will have space and facilities so that interested persons and the public may attend, monitor and participate in the open portions of the meeting, as appropriate.

 

KEY: electronic meetings, open and public meetings

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 52-4-207