Notwithstanding the procedure established under Subsection 63G-2-202(7), in any action brought under the authority of this chapter to challenge the legality of a closed meeting held by a public body, the court shall:
Terms Used In Utah Code 52-4-304
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
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
(a)
review the recording or written minutes of the closed meeting in camera; and
(b)
decide the legality of the closed meeting.
(2)
(a)
If the judge determines that the public body did not violate Section 52-4-204, 52-4-205, or 52-4-206 regarding closed meetings, the judge shall dismiss the case without disclosing or revealing any information from the recording or minutes of the closed meeting.
(b)
If the judge determines that the public body violated Section 52-4-204, 52-4-205, or 52-4-206 regarding closed meetings, the judge shall publicly disclose or reveal from the recording or minutes of the closed meeting all information about the portion of the meeting that was illegally closed.
(3)
Nothing in this section may be construed to affect the ability of a public body to reclassify a record, as defined in Section 63G-2-103, as provided in Section 63G-2-307.
