52-4-206. Record of closed meetings.

308 words·~1 min read·/ut/title-52/chapter-4/52-4-206

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 3/3/2023

(1)Except as provided under Subsection

(6), if a public body closes a meeting under Subsection 52-4-205(1) , the public body:

(a)shall make a recording of the closed portion of the meeting; and

(b)may keep detailed written minutes that disclose the content of the closed portion of the meeting.

(2)A recording of a closed meeting shall be complete and unedited from the commencement of the closed meeting through adjournment of the closed meeting.

(3)The recording and any minutes of a closed meeting shall include:

(a)the date, time, and place of the meeting;

(b)the names of members present and absent; and

(c)the names of all others present except where the disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting.

(4)Minutes or recordings of a closed meeting that are required to be retained permanently shall be maintained in or converted to a format that meets long-term records storage requirements.

(5)A recording, transcript, report, and written minutes of a closed meeting are protected records under Title 63G, Chapter 2, Government Records Access and Management Act , except that the records:

(a)may be disclosed under a court order only as provided under Section 52-4-304 ; and

(b)shall be disclosed, upon request, to the Office of the Legislative Auditor General under Section 36-12-15 .

(6)If a public body closes a meeting exclusively for the purposes described under Subsection 52-4-205(1)(a) , (1)(f) , or

(2):

(a)the person presiding shall sign a sworn statement affirming that the sole purpose for closing the meeting was to discuss the purposes described under Subsection 52-4-205(1)(a) ,(1)(f), or (2); and

(b)the provisions of Subsection

(1)of this section do not apply.

Amended by Chapter 21 , 2023 General Session