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Show OPINION SUMMIT COUNTY NEWS PAGE A2 Just a Thought MAY 21, 2010 Regional News Notes BY CHERYL OVARD NSHS Plant clearance sale Are we going to let it happen? CHERYL OVARD SCN Editor Looking at the change in Summit County with eyes open or closed? Some may think that it is a little on the closed side...are ALL meetings in Summit County being conducted legally... or not? There are meetings going on all over the county, some abiding by the rules - others partially - and some not at all. There could be a lack of knowledge of the laws in respect to meetings. With that in mind, this article is written - as the elections which will possibly have new people in positions throughout the county who are not familiar with these rules and regulations about meetings. There is also the possibility that there are already meetings being all or partially conducted as the law outlines them to be. For example, there are meetings that are not being recorded and minutes are not being taken in both closed and open meetings - it states in the "Open Book" that "yes - The minutes of both open AND closed meetings must include the date, time and place of the meeting and the names of all members present or absent." In addition: "Minutes for an OPEN meeting must include a summary of -) all matter proposed, discussed or decided; -) Names and substance of information from individuals giving testimony; -) Individual votes on each matter, as well as-) Additional information requested by a member. Also, the minutes should always include the date, time and place of meeting and all who were present or absent." Also, Minutes from a closed meeting must include: " -) Names of others present unless it infringes on the purpose of closing the meeting." Minutes are public records for open meetings but not for closed. Minutes from closed meetings must be made available within a reasonable amount of time." It is also important to note that: "closing a meeting without members voting first in an open meeting; Closing a meeting for reasons not allowed by the law; Taking official action during a close meeting; and - Failing to give public notice of a meeting- " is breaking the law! (Also note: closing a meeting is "always" discretionary, not mandatory. The law does NOT require any meeting to be closed!) Giving notice of a meeting must be done at least 24 hours before the meeting, with the agenda, date, time and place. Notice can be provided in one of two ways: "1) Posted as a written notice at the place where the meeting will be held; 2) Given to at least one local general circulation newspaper or local media correspondent. The law also required public bodies which hold regular meetings over the year to give notice at least once each year of their annual schedule. The law encourages posting a meeting on the Internet as a supplement to the regular notice, and beginning April 1, of 2008, a notice now must also be posted on the Utah Public Notice Website." (Exception: an emergency meeting can be held if the majority of the body votes to consider matters of an "emergency or urgent manner." The law still requires that the "best notice practicable" be given. Minutes from emergency meetings should include a statement of unforeseen circumstances that made the meeting necessary. Utah passed the Government Records Access Management Act (GRAMA) in 1991 to balance the public's right to know with the public's right to privacy. Also, the federal government's I- 7 THE OPEN BOOK handbook on open meetings ac open records in L LE) A 2 00 8 sponse to the letter submitted by Pamela Smith last week. I have been a long time friend and neighbor to Mel Brown and felt it was my duty to research and respond to his record based on Mrs. Smith's allegations. Being an educator, I have followed Mel's legislative service. I have spoken to him numerous times regarding issues that i feel relevant. Mel has been a strong advocate for not only me as a taxpayer, but as an educator. Mrs. Smith has misrepresented the facts. It's easy to mislead the public without all the facts. After going to the legislative website as Mrs. Smith suggested, pulling up every bill listed, reading it so i understood its content I can report that: HB 188 was actually 2 Sub. HB 188-this bill absolutely does not create a state controlled health care system but instead it makes general changes regarding how health insurance is administered by the Utah Insurance Department. The objective was to provide better access to health care insurance coverage for employees and small groups of people that had previously not been able to get reasonable health care coverage. HB 419- Tanning Facilities Tax and Melanoma Cancer Research Fund - After speaking to Mel I was told that this bill was drafted by him at the request of the Huntsman Cancer Institute. With the advent of commerdai tanning beds, the incidents of melanoma cancer has spiked at an alarming rate among teenage girls. This bill was drafted to raise money for research, however, after it was taken to committee, Mel requested it be sent back to Rules due to lack of support. Neither Mel nor any other legislator voted on this bill. Many bills are drafted in this same manner. Our teens would be better served had this bill been passed. HB 359 was actually 3rd Sub.359 -Tax Changes -This was a 180 page bill -This bill was a comprehensive tax bill. It changed the income tax rate from a graduated top rate of 7.5% to a flat rate of 5%. It also increased the tax exemptions on dependent sand married filing jointly and changed from a deduction system to a tax credit in figuring your income tax liability. There were several other tax adjustments but It was revenue neutral and never raised one penny of tax. SB 239 -Transportation Revisions -This bill did In- County Fair Demo Derby and PRCA Rodeo tickets on sale Summit County Fair Demo Derby & PRCA Rodeo Tickets go on sale. Beginning June 1, ticket order forms can be printed off of the Summit County web site www.summitcounty.org / fair and mailed in. The Demolition Derby is Aug. 7 and the PRCA Rodeo is Aug. 13 and 14. For more information, please contact the fair office at 336-3221 or 7834351 ext. 3221. Concealed Carry Permit classes - Uinta Hunting & Shooting Sports is hosting monthly Concealed Carry Permit Classes for local residents. The class is held one evening a month and is taught by an instructor certified by the Utah Bureau of Criminal Identification ( BCI) and sponsored by the National Rifle Association. All fingerprints, photos, and notarization are done on site. There is a charge - please call for information or email: uintahunting@aol.com Please call us or come in to reserve your spot ! We look forward to seeing you at the next class, held on Wednesday, June 12, at 5:30 p.m. - (435) 783-9200. Guest Commentary Freedom of Information Act (FOIA) is similar to GRAMA in that "both balance the interest of the public and press with individual privacy and state or national security." There are many more rules and regulations regarding meetings, and they can be found in "The Open Book, Utah Attorney General's Office, which contains information from: "the Handbook for the Utah Government Records Access and Management Act, Utah Media Law Handbook and Guide to Open Government, as well as advice from members of the Utah Attorney General's Office, Utah Foundation for Open Government and the Utah Headliners Chapter of the Society of Professional Journalists." (Information for this article is from: The Open Book, Utah Attorney General's Office, published current as of March 2008.) No one is "above the law" when it comes to holding meetings. It is import for all who are in office to have one of these small "The Open Book" - then there will be no question whether or not these meetings are being handled fairly and within the boundaries of Utah Law! For information on to obtain "The Open Book, contact: The Attorney General's Office via: Paul Murphy <pmurphy@utah.gov> LETTERS TO THE EDITOR Editor: My letter is in re- North Summit High School Greenhouse is having a Plant clearance sale on Friday and Saturday, May 21 and 22. AU remaining inventory will be sold at 50% off. crease registration costs by $20.00. With the downturn In the economy it was needed to fund road projects that were already approved and underway. Had these projects been stopped it would have added an additional cost to the tax payer. This also approved the Issuance of 2.2 billion In construction bonds. The obligation would partly be repaid by the vehicle registration increase. He voted against Sill; 239 In Its original form, however, after amendments were made he voted for final passage on 2 Sub SB 239. HB 196 -Tobacco Tax Revisions -This bill raised the tax on a pack of cigarettes approximately $1.00. Unlike other increases In the tobacco tax which went to creating more programs to be administered by statovernment this tax revenue approximately $40,000,000.00 went into the general fund and was used to maintain class sizes in public education and to keep the tuition increases in higher education as low as possible. Mel voted on this bill to protect public education funding. Mel Brown has worked hard for District 53 and deserves our support on June 22". Sincerely, Suesanne Bond Subscribe To The Summit County News! 336-5501 Board of Health breaks the law but quick to correct mistake BY JEFF STEVENS Special to the News The Summit County News has learned that over the past two weeks, the Summit County Board of Health has very clearly violated Utah State Open Meetings Laws. The News discovered the violation when the Summit County personnel department began seeking applications for director of the health department last week. The position was left vacant by the departure of previous Director Steve Jenkins, who left in April. The board of health had already gone through the application process and winnowed a list of some 50 applicants down to four front-runners. However, in spite of having appeared to be at the end of the process, last week, Summit County readvertised for applicants. Personnel Director Brian Bellamy confirmed Wednesday, that the county is, in fact, seeking new applicants for the job and is starting the entire application process anew. Bellamy said he was told to do so by the chair of the board of health, Candy Erickson. Erickson did not return calls from the News prior to press time. The problem is, there are no records in any board of health meeting minutes where any discussion or vote was taken regarding the reopening of the application process. However, several board members have confirmed a vote was taken. "We were polled for our consensus," said John Hanrahan, county councilor and a member of the board of health. "By email and phone," he added. Fellow board of health member Jimmy Gines, confirmed he was asked via telephone whether or not he supported accepting new applications. Though it may seem harmless, that phone consensus is against the law. Utah Code Title 52, requires, "the state, its agencies and political subdivisions, (of which the board of health is included) (a) take their actions openly; and (b) conduct their deliberations openly." In other words, all governmental agencies must make their decisions in full view of the public. By making a board decision by phone and email consensus, the board held a meeting and took a vote in private. They failed to make the pubic aware that a decision was being made and then made that decision without the public's knowledge. In short, they did everything the law was designed to prevent. When questioned about the issue, Hanrahan confessed, he was not aware the board had violated the law. Once presented the facts, he conceded the board had acted outside the law but was anxious to correct the error. Hanrahan, did in fact, take immediate action to correct the error. Shortly after an interview with the News, Wednesday night, Hanrahan sent an email to board of health members, county officials and The Summit County News, in which he detailed and admitted a violation had occurred and proposed a rem- edy. "The easy remedy for this is to hold a discussion and make a decision at our public Board meeting Monday the 24th. If we choose to reopen the position, or not to reopen the position, either way we will have corrected our mistake of not discussing and making this decision in an open meeting." Also as part of that email, Hanrahan included a previous email from April 19th, which serves as an example of what constituted a vote in this instance. "I am open to either readvertising, or move ahead with the 2 remaining candidates and then decide to hire or readvertise. My recollection (and my opinion) is that "blank" was a top tier candidate along with "blank", Thanks John." Names were redacted from Hanrahan's email in accordance with Summit County's understanding of Utah Open Records Laws. However, it begs the question whether Hanrahan's was a yes vote or no vote. What Hanrahan did make clear is that there was never any sinister intent to violate the law or the hiring process. He explained that two of the top four candidates withdrew their names before interviews began, leaving just two candidates to choose from. Hanrahan said the question was raised whether that would satisfy a diligent search. It appears the discussion will continue Monday at 6:30 p.m. at the Summit County Health Department at 650 Round Valley Drive. The Summit County News Has New Fax Number (435) 336 - 5502. 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Writers are limited to one letter in two weeks. Please try to hold the length of Letters to the Editor to approximately 300 words. The editor's of the Summit County News reserve the right to edit and/or condense Letters to the Editor. Preference will be given to short, typewritten (double spaced) letters permitting the use of the writer's name. All letters subject to condensation if they are too long for the space available. No political endorsement letters will be published as Letters To The Editor. The views expressed in guest editorials or Letters To The Editor do not necessarily reflect the opinion of the editors or publisher or express the viewpoint of this newspaper. |