Superseded 7/1/2023)

Superseded 7/1/2023
52-4-205.  Purposes of closed meetings — Certain issues prohibited in closed meetings.

(1)  A closed meeting described under Section 52-4-204 may only be held for:

Terms Used In Utah Code 52-4-205

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County legislative body: means :Utah Code 68-3-12.5
  • Fiduciary: A trustee, executor, or administrator.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participate: means the ability to communicate with all of the members of a public body, either verbally or electronically, so that each member of the public body can hear or observe the communication. See Utah Code 52-4-103
  • Person: means :Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
(iv) a project entity, as that term is defined in Section 11-13-103. See Utah Code 52-4-103
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (a)  except as provided in Subsection (3), discussion of the character, professional competence, or physical or mental health of an individual;

    (b)  strategy sessions to discuss collective bargaining;

    (c)  strategy sessions to discuss pending or reasonably imminent litigation;

    (d)  strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, or to discuss a proposed development agreement, project proposal, or financing proposal related to the development of land owned by the state, if public discussion would:

    (i)  disclose the appraisal or estimated value of the property under consideration; or

    (ii)  prevent the public body from completing the transaction on the best possible terms;

    (e)  strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if:

    (i)  public discussion of the transaction would:

    (A)  disclose the appraisal or estimated value of the property under consideration; or

    (B)  prevent the public body from completing the transaction on the best possible terms;

    (ii)  the public body previously gave public notice that the property would be offered for sale; and

    (iii)  the terms of the sale are publicly disclosed before the public body approves the sale;

    (f)  discussion regarding deployment of security personnel, devices, or systems;

    (g)  investigative proceedings regarding allegations of criminal misconduct;

    (h)  as relates to the Independent Legislative Ethics Commission, conducting business relating to the receipt or review of ethics complaints;

    (i)  as relates to an ethics committee of the Legislature, a purpose permitted under Subsection 52-4-204(1)(a)(iii)(C);

    (j)  as relates to the Independent Executive Branch Ethics Commission created in Section 63A-14-202, conducting business relating to an ethics complaint;

    (k)  as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404;

    (l)  as relates to the Utah Higher Education Assistance Authority and its appointed board of directors, discussing fiduciary or commercial information as defined in Section 53B-12-102;

    (m)  deliberations, not including any information gathering activities, of a public body acting in the capacity of:

    (i)  an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code, during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;

    (ii)  a protest officer, defined in Section 63G-6a-103, during the process of making a decision on a protest under 16; or

    (iii)  a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement Code, during the process of deciding an appeal under 17;

    (n)  the purpose of considering information that is designated as a trade secret, as defined in Section 13-24-2, if the public body’s consideration of the information is necessary to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;

    (o)  the purpose of discussing information provided to the public body during the procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of the meeting:

    (i)  the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be disclosed to a member of the public or to a participant in the procurement process; and

    (ii)  the public body needs to review or discuss the information to properly fulfill its role and responsibilities in the procurement process;

    (p)  as relates to the governing board of a governmental nonprofit corporation, as that term is defined in Section 11-13a-102, the purpose of discussing information that is designated as a trade secret, as that term is defined in Section 13-24-2, if:

    (i)  public knowledge of the discussion would reasonably be expected to result in injury to the owner of the trade secret; and

    (ii)  discussion of the information is necessary for the governing board to properly discharge the board’s duties and conduct the board’s business;

    (q)  as it relates to the Cannabis Production Establishment Licensing Advisory Board, to review confidential information regarding violations and security requirements in relation to the operation of cannabis production establishments;

    (r)  considering a loan application, if public discussion of the loan application would disclose:

    (i)  nonpublic personal financial information; or

    (ii)  a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business financial information the disclosure of which would reasonably be expected to result in unfair competitive injury to the person submitting the information;

    (s)  a discussion of the board of the Point of the Mountain State Land Authority, created in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as defined in Section 11-59-102; or

    (t)  a purpose for which a meeting is required to be closed under Subsection (2).

    (2)  The following meetings shall be closed:

    (a)  a meeting of the Health and Human Services Interim Committee to review a report described in Subsection 26B-1-506(1)(a), and the responses to the report described in Subsections 26B-1-506(2) and (4);

    (b)  a meeting of the Child Welfare Legislative Oversight Panel to:

    (i)  review a report described in Subsection 26B-1-506(1)(a), and the responses to the report described in Subsections 26B-1-506(2) and (4); or

    (ii)  review and discuss an individual case, as described in Subsection 36-33-103(2);

    (c)  a meeting of the Opioid and Overdose Fatality Review Committee, created in Section 26B-1-403, to review and discuss an individual case, as described in Subsection 26B-1-403(10);

    (d)  a meeting of a conservation district as defined in Section 17D-3-102 for the purpose of advising the Natural Resource Conservation Service of the United States Department of Agriculture on a farm improvement project if the discussed information is protected information under federal law;

    (e)  a meeting of the Compassionate Use Board established in Section 26B-1-421 for the purpose of reviewing petitions for a medical cannabis card in accordance with Section 26B-1-421;

    (f)  a meeting of the Colorado River Authority of Utah if:

    (i)  the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system; and

    (ii)  failing to close the meeting would:

    (A)  reveal the contents of a record classified as protected under Subsection 63G-2-305(82);

    (B)  reveal a legal strategy relating to the state’s claim to the use of the water in the Colorado River system;

    (C)  harm the ability of the Colorado River Authority of Utah or river commissioner to negotiate the best terms and conditions regarding the use of water in the Colorado River system; or

    (D)  give an advantage to another state or to the federal government in negotiations regarding the use of water in the Colorado River system;

    (g)  a meeting of the General Regulatory Sandbox Program Advisory Committee if:

    (i)  the purpose of the meeting is to discuss an application for participation in the regulatory sandbox as defined in Section 63N-16-102; and

    (ii)  failing to close the meeting would reveal the contents of a record classified as protected under Subsection 63G-2-305(83);

    (h)  a meeting of a project entity if:

    (i)  the purpose of the meeting is to conduct a strategy session to discuss market conditions relevant to a business decision regarding the value of a project entity asset if the terms of the business decision are publicly disclosed before the decision is finalized and a public discussion would:

    (A)  disclose the appraisal or estimated value of the project entity asset under consideration; or

    (B)  prevent the project entity from completing on the best possible terms a contemplated transaction concerning the project entity asset;

    (ii)  the purpose of the meeting is to discuss a record, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity;

    (iii)  the purpose of the meeting is to discuss 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

    (iv)  failing to close the meeting would prevent the project entity from getting the best price on the market; and

    (i)  a meeting of the School Activity Eligibility Commission, described in Section 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student’s eligibility to participate in an interscholastic activity, as that term is defined in Section 53G-6-1001, including the commission’s determinative vote on the student’s eligibility.

    (3)  In a closed meeting, a public body may not:

    (a)  interview a person applying to fill an elected position;

    (b)  discuss filling a midterm vacancy or temporary absence governed by 5; or

    (c)  discuss the character, professional competence, or physical or mental health of the person whose name was submitted for consideration to fill a midterm vacancy or temporary absence governed by 5.

    Amended by Chapter 263, 2023 General Session
    Amended by Chapter 328, 2023 General Session
    Amended by Chapter 521, 2023 General Session