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 v2
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.
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
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 Savings Board of Trustees and its appointed board of directors, discussing fiduciary or commercial information;
(m)
deliberations, not including any information gathering activities, of a public body acting in the capacity of:
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:
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 StateLand 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 374, 2023 General Session Amended by Chapter 521, 2023 General Session
