52-4-203.  Written minutes of open meetings — Public records — Recording of meetings.

(1)  Except as provided under Subsection (7), written minutes and a recording shall be kept of all open meetings.

Terms Used In Utah Code 52-4-203

  • Meeting: means the convening of a public body or a specified body, with a quorum present, including a workshop or an executive session, whether in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body or specific body has jurisdiction or advisory power. See Utah Code 52-4-103
  • Person: means :Utah Code 48-2e-1156
  • Public body: includes :
(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103;
(ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102; and
(iii) the Utah Independent Redistricting Commission. See Utah Code 52-4-103
  • Recording: means an audio, or an audio and video, record of the proceedings of a meeting that can be used to review the proceedings of the meeting. See Utah Code 52-4-103
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • (2) 

    (a)  Written minutes of an open meeting shall include:

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

    (ii)  the names of members present and absent;

    (iii)  the substance of all matters proposed, discussed, or decided by the public body which may include a summary of comments made by members of the public body;

    (iv)  a record, by individual member, of each vote taken by the public body;

    (v)  the name of each person who:

    (A)  is not a member of the public body; and

    (B)  after being recognized by the presiding member of the public body, provided testimony or comments to the public body;

    (vi)  the substance, in brief, of the testimony or comments provided by the public under Subsection (2)(a)(v); and

    (vii)  any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.

    (b)  A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that minutes include the substance of matters proposed, discussed, or decided or the substance of testimony or comments by maintaining a publicly available online version of the minutes that provides a link to the meeting recording at the place in the recording where the matter is proposed, discussed, or decided or the testimony or comments provided.

    (3)  A recording of an open meeting shall:

    (a)  be a complete and unedited record of all open portions of the meeting from the commencement of the meeting through adjournment of the meeting; and

    (b)  be properly labeled or identified with the date, time, and place of the meeting.

    (4) 

    (a)  As used in this Subsection (4):

    (i)  “Approved minutes” means written minutes:

    (A)  of an open meeting; and

    (B)  that have been approved by the public body that held the open meeting.

    (ii)  “Electronic information” means information presented or provided in an electronic format.

    (iii)  “Pending minutes” means written minutes:

    (A)  of an open meeting; and

    (B)  that have been prepared in draft form and are subject to change before being approved by the public body that held the open meeting.

    (iv)  “Specified local public body” means a legislative body of a county, city, town, or metro township.

    (v)  “State public body” means a public body that is an administrative, advisory, executive, or legislative body of the state.

    (vi)  “State website” means the Utah Public Notice Website created under Section 63F-1-701.

    (b)  Pending minutes, approved minutes, and a recording of a public meeting are public records under Title 63G, Chapter 2, Government Records Access and Management Act.

    (c)  Pending minutes shall contain a clear indication that the public body has not yet approved the minutes or that the minutes are subject to change until the public body approves them.

    (d)  A state public body and a specified local public body shall require an individual who, at an open meeting of the public body, publicly presents or provides electronic information, relating to an item on the public body’s meeting agenda, to provide the public body, at the time of the meeting, an electronic or hard copy of the electronic information for inclusion in the public record.

    (e)  A state public body shall:

    (i)  make pending minutes available to the public within 30 days after holding the open meeting that is the subject of the pending minutes;

    (ii)  within three business days after approving written minutes of an open meeting:

    (A)  post to the state website a copy of the approved minutes and any public materials distributed at the meeting;

    (B)  make the approved minutes and public materials available to the public at the public body’s primary office; and

    (C)  if the public body provides online minutes under Subsection (2)(b), post approved minutes that comply with Subsection (2)(b) and the public materials on the public body’s website; and

    (iii)  within three business days after holding an open meeting, post on the state website an audio recording of the open meeting, or a link to the recording.

    (f)  A specified local public body shall:

    (i)  make pending minutes available to the public within 30 days after holding the open meeting that is the subject of the pending minutes;

    (ii)  within three business days after approving written minutes of an open meeting, post and make available a copy of the approved minutes and any public materials distributed at the meeting, as provided in Subsection (4)(e)(ii); and

    (iii)  within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening.

    (g)  A public body that is not a state public body or a specified local public body shall:

    (i)  make pending minutes available to the public within a reasonable time after holding the open meeting that is the subject of the pending minutes;

    (ii)  within three business days after approving written minutes, make the approved minutes available to the public; and

    (iii)  within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening.

    (h)  A public body shall establish and implement procedures for the public body’s approval of the written minutes of each meeting.

    (i)  Approved minutes of an open meeting are the official record of the meeting.

    (5)  All or any part of an open meeting may be independently recorded by any person in attendance if the recording does not interfere with the conduct of the meeting.

    (6)  The written minutes or recording of an open meeting that are required to be retained permanently shall be maintained in or converted to a format that meets long-term records storage requirements.

    (7)  Notwithstanding Subsection (1), a recording is not required to be kept of:

    (a)  an open meeting that is a site visit or a traveling tour, if no vote or action is taken by the public body; or

    (b)  an open meeting of a local district under Title 17B, Limited Purpose Local Government Entities – Local Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, if the district’s annual budgeted expenditures for all funds, excluding capital expenditures and debt service, are $50,000 or less.

    Amended by Chapter 425, 2018 General Session