No. 35975 (New Rule): Rule R25-20. Indigent Defense Funds Board, Procedures for Electronic Meetings

(New Rule)

DAR File No.: 35975
Filed: 03/27/2012 08:38:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule is to establish procedures for conducting electronic meetings for the Indigent Defense Funds Board.

Summary of the rule or change:

The rule establishes procedures by which the Board members may participate in electronic meetings including requirements regarding the posting of the agenda for the meeting, establishment of the anchor location, and methods by which participation can occur.

State statutory or constitutional authorization for this rule:

• Section 52-4-207
• Section 77-32-402
• Section 63G-3-201

Anticipated cost or savings to:

the state budget:

There will be some cost with providing the phone bridge. The cost for the phone bridge should be less than the amount for mileage reimbursements for board members.

local governments:

No cost because the infrastructure to participate already exists. There may be some savings because people will no longer be required to physically attend.

small businesses:

No cost because the infrastructure to participate already exists. There may be some savings because board members will no longer be required to physically attend.

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

No cost because the infrastructure to participate already exists. There may be some savings because board members will no longer be required to physically attend.

Compliance costs for affected persons:

The rule imposes no requirements on affected persons. There are no compliance costs.

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

No impact on business. Possible minimal savings for board members who will no longer have to physically attend board meetings.

Kimberly K. Hood, Executive Director

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

Administrative Services
Finance
Room 2110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Barbara Sutherland at the above address, by phone at 801-538-3020, by FAX at 801-538-3244, or by Internet E-mail at [e-mail]

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:

05/15/2012

This rule may become effective on:

05/22/2012

Authorized by:

John Reidhead, Director

RULE TEXT

R25. Administrative Services, Finance.

R25-20. Indigent Defense Funds Board, Procedures for Electronic Meetings.

R25-20-1. Purpose and Authority.

(1) Purpose. Utah Code Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule establishes procedures for conducting Indigent Defense Funds Board meetings by electronic means.

(2) Authority. This rule is enacted under the authority of Utah Code Sections 52-4-207, 63G-3-201, and 77-32-402.

 

R25-20-2. Meeting Procedure.

(1) The following provisions govern any meeting at which one or more board members appear telephonically or electronically pursuant to Utah Code Section 52-4-207:

(a) If one or more members of the board may participate in any meeting electronically or telephonically, public notices of the meeting shall so indicate. In addition, the notices shall specify the anchor location where the members of the board who are not participating electronically or telephonically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) In accordance with Utah Code Section 52-4-202 and Section 52-4-207, notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided at least 24 hours before the meetings on the Public Notice Website and to at least one newspaper of general circulation within the state or to a local media correspondent.

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

(d) When notice is given of the possibility of a board member(s) appearing electronically or telephonically, any member(s) may do so and shall be counted as present for purposes of a quorum and may fully participate and vote on any matter coming before the board. At the commencement of the meeting, or at such time as any member initially appears electronically or telephonically, the chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the board who are not at the physical location of the meeting shall be confirmed by the chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the Division of Finance, 2110 State Office Building, 450 North State Street, Salt Lake City, Utah. The anchor location is the physical location from which the electronic meeting originates or from which the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

 

KEY: electronic meetings, Indigent Defense Fund Board

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 52-4-207; 63G-3-201; 77-32-402

 

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