Governor Gary Herbert issued Executive Order 2020-1, Declaring a State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus, on March 6. On March 18, recognizing that “public monitoring and participation requirements in the Open and Public Meetings Act…will gather interested persons, members of the public, and members of a public body in a single, confined location where the risks of further spreading COVID-19 are far greater;” he issued Executive Order 2020-5, which suspended the requirement to have an anchor location for public meetings until the expiration of the state of emergency declared in the first executive order. Last week, the Utah State Legislature, via HJR504 extended the state of emergency until August 20. It also passed HB5002, Open and Public Meetings Act Amendments, which gives a public body the ability to hold electronic meetings without an anchor location if the chair of that public body “makes a written determination, supported by stated facts, that conducting the meeting with an anchor location presents a substantial risk to the health and safety of those who may be present at the anchor location; and complies with certain public notice requirements.” This last requirement may not be necessary under the current state of emergency, since the Governor declared and the Legislature has extended it twice now, but the law now provides more local control based on local circumstances.
