From Deseret News archives:
Meeting is called improper
Commissioners Steve White, Gary Herbert and Jerry Grover met Friday with representatives from Utah Department of Transportation and a handful of state legislators to talk during a legislative caucus about the road-tax issue, which the county commission had decided to place on the November ballot.
On Tuesday, after the commission reversed a previous decision to ask voters to approve the tax increase, Grover said questions whether it was right to hold the meeting without telling the public what business would be discussed.
And it's particularly upsetting to him because White returned from the meeting and put the issue back on the commission's agenda, hoping that the vote to seek voter approval could be withdrawn.
"I had no clue this would show up as an agenda item," Grover said. "In my opinion, it's a violation of the Open Meetings Act."
Utah's Open Meetings Act requires that the public and news reporters be given adequate notice anytime the full governing body meets to discuss action items.
No notice of any kind was posted for the Friday caucus.
David Reymann, a Salt Lake attorney who represents media outlets in legal tiffs over public documents and meetings, said whenever a full governmental quorum meets and discusses the public's business without notice, it's a clear violation of the state's public-meeting law.
However, there's not an immediate recourse.
"The remedy is you can sue to void any action taken or sue for a declaration of violation," Reymann said.
He suggests those involved review the statute and avoid such situations in the future.
Grover said he felt uncomfortable once the discussion moved specifically to the quarter-cent sales tax being on the ballot and on whether it could be withdrawn.
"I thought that was lousy especially when it's been on our agenda for four months," Grover said.
E-mail: haddoc@desnews.com
