52-4-204. Closed meeting held upon vote of members — Business — Reasons for meeting recorded.
(1)
A closed meeting may be held if:
Terms Used In Utah Code 52-4-204
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
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 specified body has jurisdiction or advisory power. See Utah Code 52-4-103
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;
(iii)
the Utah Independent Redistricting Commission; and
the meeting is an open meeting for which notice has been given under Section 52-4-202; and
(iii)
(A)
two-thirds of the members of the public body present at the open meeting vote to approve closing the meeting;
(B)
for a meeting that is required to be closed under Section 52-4-205, if a majority of the members of the public body present at an open meeting vote to approve closing the meeting;
(C)
for an ethics committee of the Legislature that is conducting an open meeting for the purpose of reviewing an ethics complaint, a majority of the members present vote to approve closing the meeting for the purpose of seeking or obtaining legal advice on legal, evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the complaint;
(D)
for the Political Subdivisions Ethics Review Commission established in Section 63A-15-201 that is conducting an open meeting for the purpose of reviewing an ethics complaint in accordance with Section 63A-15-701, a majority of the members present vote to approve closing the meeting for the purpose of seeking or obtaining legal advice on legal, evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the complaint;
(E)
for a project entity that is conducting an open meeting for the purposes of determining the value of an asset, developing a strategy related to the sale or use of that asset;
(F)
for a project entity that is conducting an open meeting for purposes of discussing a business decision, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity; or
(G)
for a project entity that is conducting an open meeting for purposes of discussing a record, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential competitor of, the project entity; or
(b)
(i)
for the Independent Legislative Ethics Commission, the closed meeting is convened for the purpose of conducting business relating to the receipt or review of an ethics complaint, if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of “conducting business relating to the receipt or review of ethics complaints”;
(ii)
for the Political Subdivisions Ethics Review Commission established in Section 63A-15-201, the closed meeting is convened for the purpose of conducting business relating to the preliminary review of an ethics complaint in accordance with Section 63A-15-602, if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of “conducting business relating to the review of ethics complaints”;
(iii)
for the Independent Executive Branch Ethics Commission created in Section 63A-14-202, the closed meeting is convened for the purpose of conducting business relating to an ethics complaint, if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of “conducting business relating to an ethics complaint”; or
(iv)
for the Data Security Management Council created in Section 63A-16-701, the closed meeting is convened in accordance with Subsection 63A-16-701(7), if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of “conducting business relating to information technology security.”
(2)
A closed meeting is not allowed unless each matter discussed in the closed meeting is permitted under Section 52-4-205.
(3)
(a)
An ordinance, resolution, rule, regulation, contract, or appointment may not be approved at a closed meeting.
(b)
(i)
A public body may not take a vote in a closed meeting, except for a vote on a motion to end the closed portion of the meeting and return to an open meeting.
(ii)
A motion to end the closed portion of a meeting may be approved by a majority of the public body members present at the meeting.
(4)
The following information shall be publicly announced and entered on the minutes of the open meeting at which the closed meeting was approved:
(a)
the reason or reasons for holding the closed meeting;
(b)
the location where the closed meeting will be held; and
(c)
the vote by name, of each member of the public body, either for or against the motion to hold the closed meeting.
(5)
Except as provided in Subsection 52-4-205(2), nothing in this chapter shall be construed to require any meeting to be closed to the public.
Amended by Chapter 169, 2022 General Session Amended by Chapter 422, 2022 General Session
