Chapter 4 Open and Public Meetings Act Part 1 General Provisions

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Chapter 4

Open and Public Meetings Act

Part 1

General Provisions

52-4-101 Title.

This chapter is known as the "Open and Public Meetings Act."

Enacted by Chapter 14, 2006 General Session

52-4-102 Declaration of public policy.

(1) The Legislature finds and declares that the state, its agencies and political subdivisions, exist to

aid in the conduct of the people's business.

(2) It is the intent of the Legislature that the state, its agencies, and its political subdivisions:

(a) take their actions openly; and

(b) conduct their deliberations openly.

Renumbered and Amended by Chapter 14, 2006 General Session

52-4-103 Definitions.

As used in this chapter:

(1) "Anchor location" means:

(a) the physical location where the public body conducting an electronic meeting under Section

52-4-207 normally conducts meetings of the public body; or

(b) a location other than the location described in Subsection (1)(a) that is reasonably as

accessible to the public as the location described in Subsection (1)(a).

(2) "Capitol hill complex" means the grounds and buildings within the area bounded by 300 North

Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake City.

(3) "Electronic meeting" means a meeting that some or all public body members attend through an

electronic video, audio, or both video and audio connection, as provided in Section 52-4-207.

(4) "Fiduciary or commercial information" means information:

(a) related to any subject if disclosure:

(i) would conflict with a fiduciary obligation; or

(ii) is prohibited by insider trading provisions; or

(b) that is commercial in nature including:

(i) account owners or borrowers;

(ii) demographic data;

(iii) contracts and related payments;

(iv) negotiations;

(v) proposals or bids;

(vi) investments;

(vii) management of funds;

(viii) fees and charges;

(ix) plan and program design;

(x) investment options and underlying investments offered to account owners;

(xi) marketing and outreach efforts;

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(xii) financial plans; or

(xiii) reviews and audits excluding the final report required under Section 53B-8a-111.

(5) "Meeting" means a gathering:

(a) of a public body or specified body;

(b) with a quorum present; and

(i) by an individual:

(A) with authority to convene the public body or specified body; and

(B) following the process provided by law for convening the public body or specified body; and

(ii) for the express purpose of acting as a public body or specified body to:

(A) receive public comment about a relevant matter;

(B) deliberate about a relevant matter; or

(6) "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.

(7)

(a) "Public body" means:

(i) any administrative, advisory, executive, or legislative body of the state or its political

subdivisions that:

(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;

(B) consists of two or more individuals;

(D) is vested with the authority to make decisions regarding the public's business; or

(ii) any administrative, advisory, executive, or policymaking body of an association, as that term

is defined in Section 53G-7-1101, that:

(A) consists of two or more individuals;

(B) expends, disburses, or is supported in whole or in part by dues paid by a public school

or whose employees participate in a benefit or program described in Title 49, Utah State

Retirement and Insurance Benefit Act; and

student in an interscholastic activity, as that term is defined in Section 53G-7-1101.

(b) "Public body" includes:

(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section

11-13-103, except for the Water District Water Development Council created pursuant to

Section 11-13-228;

(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.

(i) a political party, a political group, or a political caucus;

(ii) a conference committee, a rules committee, a sifting committee, or an administrative staff

committee of the Legislature;

(iii) a school community council or charter trust land council, as that term is defined in Section

53G-7-1203;

(iv) a taxed interlocal entity, as that term is defined in Section 11-13-602, if the taxed interlocal

entity is not a project entity; or

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(v) the following Legislative Management subcommittees, which are established in Section

36-12-8, when meeting for the purpose of selecting or evaluating a candidate to recommend

for employment, except that the meeting in which a subcommittee votes to recommend that

a candidate be employed shall be subject to the provisions of this act:

(A) the Research and General Counsel Subcommittee;

(B) the Budget Subcommittee; and

(8) "Public statement" means a statement made in the ordinary course of business of the public

body with the intent that all other members of the public body receive it.

(9) "Quorum" means a simple majority of the membership of a public body, unless otherwise

defined by applicable law.

(10) "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.

(11)

(a) "Relevant matter" means a matter that is within the scope of the authority of a public body or

specified body.

(b) "Relevant matter" does not include, for a public body with both executive and legislative

responsibilities, a managerial or operational matter.

(12) "Specified body":

(a) means an administrative, advisory, executive, or legislative body that:

(i) is not a public body;

(ii) consists of three or more members; and

(iii) includes at least one member who is:

(A) a legislator; and

(B) officially appointed to the body by the president of the Senate, speaker of the House of

Representatives, or governor; and

(b) does not include a body listed in Subsection (7)(c)(ii) or (7)(c)(v).

Amended by Chapter 392, 2024 General Session

Amended by Chapter 522, 2024 General Session

52-4-104 Training.

(1) The presiding officer of the public body shall ensure that the members of the public body are

provided with annual training on the requirements of this chapter.

(2) The presiding officer shall ensure that any training described in Subsection (1) complies with

Title 63G, Chapter 22, State Training and Certification Requirements.

Amended by Chapter 200, 2018 General Session

Part 2

Meetings

52-4-201 Meetings open to the public -- Exceptions.

(1) A meeting is open to the public unless:

(a) closed under Sections 52-4-204, 52-4-205, and 52-4-206; or

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(b) the meeting is solely for 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.

(2)

(a) A meeting that is open to the public includes a workshop or an executive session of a public

body in which a quorum is present, unless closed in accordance with this chapter.

(b) A workshop or an executive session of a public body in which a quorum is present that is held

on the same day as a regularly scheduled public meeting of the public body may only be held

at the location where the public body is holding the regularly scheduled public meeting unless:

(i) the workshop or executive session is held at the location where the public body holds its

regularly scheduled public meetings but, for that day, the regularly scheduled public meeting

is being held at different location;

(ii) any of the meetings held on the same day is a site visit or a traveling tour and, in

accordance with this chapter, public notice is given;

(iii) the workshop or executive session is an electronic meeting conducted according to the

requirements of Section 52-4-207; or

(iv) it is not practicable to conduct the workshop or executive session at the regular location of

the public body's open meetings due to an emergency or extraordinary circumstances.

Amended by Chapter 524, 2024 General Session

52-4-201.3 Local school boards -- Public comment.

(1) As used in this section, "local school board" means a board elected under Title 20A, Chapter

14, Part 2, Election of Members of Local Boards of Education.

(2)

(a) A local school board holding a meeting that is open to the public under Section 52-4-201 shall

allow a reasonable opportunity for the public to provide verbal comments that are germane to

the authority of the local school board.

(b) Subsection (2)(a) does not apply to a meeting that is:

(i) a work session; or

(ii) an emergency meeting as described in Subsection 52-4-202(5).

(3) No later than July 1, 2023, a local school board shall adopt a written policy that provides a

reasonable opportunity for the public to provide both verbal and written comments in a meeting

of the local school board that:

(a) is open to the public; and

(b) is not a meeting described in Subsection (2)(b).

(4) The written policy described in Subsection (3) may limit public verbal and written comments to

topics that are germane to the authority of the local school board.

Enacted by Chapter 100, 2023 General Session

52-4-202 Public notice of meetings -- Emergency meetings.

(1)

(a)

(i) A public body shall give not less than 24 hours' public notice of each meeting.

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(ii) A specified body shall give not less than 24 hours' public notice of each meeting that the

specified body holds on the capitol hill complex.

(b) The public notice required under Subsection (1)(a) shall include the meeting:

(i) agenda;

(ii) date;

(iii) time; and

(iv) place.

(2)

(a) In addition to the requirements under Subsection (1), a public body which holds regular

meetings that are scheduled in advance over the course of a year shall give public notice at

least once each year of its annual meeting schedule as provided in this section.

(b) The public notice under Subsection (2)(a) shall specify the date, time, and place of the

scheduled meetings.

(3)

(a) Subject to Subsection (3)(c), a public body or specified body satisfies a requirement for public

notice by publishing the notice for the public body's jurisdiction, as a class A notice under

Section 63G-30-102, for at least 24 hours.

(b) A public body whose limited resources make compliance with the requirement to post notice

on the Utah Public Notice Website difficult may request the Division of Archives and Records

Service, created in Section 63A-12-101, to provide technical assistance to help the public

body in its effort to comply.

to post notice in a public location within the affected area may comply with the requirement by

posting the notice in, on, or near:

(i) the anchor location for the meeting; or

(ii) the structure or other area where the meeting will be held.

(4) A public body and a specified body are encouraged to develop and use additional electronic

means to provide notice of their meetings under Subsection (3).

(5)

(a) The notice requirement of Subsection (1) may be disregarded if:

(i) because of unforeseen circumstances it is necessary for a public body or specified body to

hold an emergency meeting to consider matters of an emergency or urgent nature; and

(ii) the public body or specified body gives the best notice practicable of:

(A) the time and place of the emergency meeting; and

(B) the topics to be considered at the emergency meeting.

(b) An emergency meeting of a public body may not be held unless:

(i) an attempt has been made to notify all the members of the public body; and

(ii) a majority of the members of the public body approve the meeting.

(6)

(a) A public notice that is required to include an agenda under Subsection (1) shall provide

reasonable specificity to notify the public as to the topics to be considered at the meeting.

Each topic shall be listed under an agenda item on the meeting agenda.

(b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding member

of the public body, a topic raised by the public may be discussed during an open meeting,

even if the topic raised by the public was not included in the agenda or advance public notice

for the meeting.

take final action on a topic in an open meeting unless the topic is:

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(i) listed under an agenda item as required by Subsection (6)(a); and

(ii) included with the advance public notice required by this section.

(7) Except as provided in this section, this chapter does not apply to a specified body.

Amended by Chapter 100, 2023 General Session

Amended by Chapter 435, 2023 General Session

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.

(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.

requirement described in Subsection (2)(a)(iv) by recording each vote:

(i) in list format;

(ii) by category for each action taken by a member, including yes votes, no votes, and absent

members; and

(iii) by each member's name.

(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

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(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, or town.

(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 63A-16-601.

(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.

minutes or that the minutes are subject to change until the public body approves them.

(d) A 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

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 of an open meeting:

(A) 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); or

(B) comply with Subsections (4)(e)(ii)(B) and (C) and post to the state website a link to

a website on which the approved minutes and any public materials distributed at the

meeting are posted; 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.

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(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 special district under Title 17B, Limited Purpose Local Government

Entities - Special 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 438, 2024 General Session

52-4-204 Closed meeting held upon vote of members -- Business -- Reasons for meeting

recorded.

(1) A closed meeting may be held if:

(a)

(i) a quorum is present;

(ii) 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;

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

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(b)

(i) for the Independent Legislative Ethics Commission, the closed meeting is held 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 held 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"; or

(iii) for the Independent Executive Branch Ethics Commission created in Section 63A-14-202,

the closed meeting is held 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."

(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

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 381, 2024 General Session

Amended by Chapter 392, 2024 General Session

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:

(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;

(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,

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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:

(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 Title 63G, Chapter 6a, Part 16, Protests; or

(iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement Code, during

the process of deciding an appeal under Title 63G, Chapter 6a, Part 17, Procurement

Appeals Board;

(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;

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(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 a response to the report described in Subsection

26B-1-506(2);

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

(i) review a report described in Subsection 26B-1-506(1)(a), and a response to the report

described in Subsection 26B-1-506(2); or

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

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;

(d) 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;

(e) 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(81);

(B) reveal a legal strategy relating to the state's claim to the use of the water in the Colorado

River system;

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;

(f) 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(82); and

(g) 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:

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

(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.

(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 Title 20A, Chapter 1,

Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office; or

whose name was submitted for consideration to fill a midterm vacancy or temporary absence

governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary

Absence in Elected Office.

Amended by Chapter 135, 2024 General Session

Amended by Chapter 288, 2024 General Session

Amended by Chapter 506, 2024 General Session

Amended by Chapter 524, 2024 General Session

52-4-206 Record of closed meetings.

(1) Except as provided under Subsection (6), if a public body closes a meeting under Subsection

52-4-205(1), the public body:

(a) shall make a recording of the closed portion of the meeting; and

(b) may keep detailed written minutes that disclose the content of the closed portion of the

meeting.

(2) A recording of a closed meeting shall be complete and unedited from the commencement of the

closed meeting through adjournment of the closed meeting.

(3) The recording and any minutes of a closed meeting shall include:

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

(b) the names of members present and absent; and

confidentiality necessary to fulfill the original purpose of closing the meeting.

(4) Minutes or recordings of a closed meeting that are required to be retained permanently shall be

maintained in or converted to a format that meets long-term records storage requirements.

(5) A recording, transcript, report, and written minutes of a closed meeting are protected records

under Title 63G, Chapter 2, Government Records Access and Management Act, except that the

records:

(a) may be disclosed under a court order only as provided under Section 52-4-304; and

(b) shall be disclosed, upon request, to the Office of the Legislative Auditor General under

Section 36-12-15.

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(6) If a public body closes a meeting exclusively for the purposes described under Subsection

52-4-205(1)(a), (1)(f), or (2):

(a) the person presiding shall sign a sworn statement affirming that the sole purpose for closing

the meeting was to discuss the purposes described under Subsection 52-4-205(1)(a),(1)(f), or

(2); and

(b) the provisions of Subsection (1) of this section do not apply.

Amended by Chapter 21, 2023 General Session

52-4-207 Electronic meetings -- Authorization -- Requirements.

(1) Except as otherwise provided for a charter school in Section 52-4-209, a public body may

conduct a meeting that some or all members of the public body attend through an electronic

video, audio, or both video and audio connection, in accordance with this section.

(2)

(a) A public body may not hold an electronic meeting unless the public body has adopted a

resolution, rule, or ordinance governing the use of electronic meetings.

(b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an electronic

meeting shall establish the conditions under which a remote member is included in calculating

a quorum.

(i) prohibit or limit electronic meetings based on budget, public policy, or logistical

considerations;

(ii) require a quorum of the public body to:

(A) be present at a single anchor location for the meeting; and

(B) vote to approve establishment of an electronic meeting in order to include other members

of the public body through an electronic video, audio, or both video and audio connection;

(iii) require a request for an electronic meeting to be made by a member of a public body up

to three days prior to the meeting to allow for arrangements to be made for the electronic

meeting;

(iv) restrict the number of separate connections for members of the public body that are allowed

for an electronic meeting based on available equipment capability;

(v) if the public body is statutorily authorized to allow a member of the public body to act by

proxy, establish the conditions under which a member may vote or take other action by

proxy;

(vi) provide a procedure for recording votes of members, including defining circumstances

under which a roll call vote is required; or

(vii) establish other procedures, limitations, or conditions governing electronic meetings not in

conflict with this section.

(3) A public body that conducts an electronic meeting shall:

(a) give public notice of the electronic meeting in accordance with Section 52-4-202; and

(b) except as otherwise provided in a rule of the Legislature applicable to the public body, at least

24 hours before the electronic meeting is scheduled to begin, provide each member of the

public body a description of how to connect to the meeting.

(4)

(a) Except as provided in Subsection (5), a public body that conducts an electronic meeting shall

provide space and facilities at an anchor location for members of the public to attend the open

portions of the meeting.

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(b) A public body that conducts an electronic meeting may provide means by which members of

the public may participate remotely by electronic means.

(5) Subsection (4)(a) does not apply to an electronic meeting if:

(a)

(i) the chair of the public body determines that:

(A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk to

the health or safety of those present or who would otherwise be present at the anchor

location; or

(B) the location where the public body would normally meet has been ordered closed to the

public for health or safety reasons; and

(ii) the public notice for the meeting includes:

(A) a statement describing the chair's determination under Subsection (5)(a)(i);

(B) a summary of the facts upon which the chair's determination is based; and

electronic means;

(b)

(i) during the course of the electronic meeting, the chair:

(A) determines that continuing to conduct the electronic meeting as provided in Subsection

(4)(a) presents a substantial risk to the health or safety of those present at the anchor

location; and

(B) announces during the electronic meeting the chair's determination under Subsection (5)(b)

(i)(A) and states a summary of the facts upon which the determination is made; and

(ii) in conducting the electronic meeting, the public body has provided means by which

members of the public who are not physically present at the anchor location may participate

in the electronic meeting remotely by electronic means;

(c)

(i) the public body is a special district board of trustees established under Title 17B, Chapter 1,

Part 3, Board of Trustees;

(ii) the board of trustees' membership consists of:

(A) at least two members who are elected or appointed to the board as owners of land, or

as an agent or officer of the owners of land, under the criteria described in Subsection

17B-1-302(2)(b); or

(B) at least one member who is elected or appointed to the board as an owner of land, or

as an agent or officer of the owner of land, under the criteria described in Subsection

17B-1-302(3)(b)(ii);

(iii) the public notice required under Subsection 52-4-202(3)(a) for the electronic meeting

includes information on how a member of the public may participate in the meeting remotely

by electronic means; and

(iv) the board of trustees allows members of the public to participate in the meeting remotely by

electronic means;

(d)

(i) the public body is a special service district administrative control board established under

Title 17D, Chapter 1, Part 3, Administrative Control Board;

(ii) the administrative control board's membership consists of:

(A) at least one member who is elected or appointed to the board as an owner of land, or

as an agent or officer of the owner of land, under the criteria described in Subsection

17D-1-304(1)(a)(iii)(A) or (B), as applicable; or

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(B) members that qualify for election or appointment to the board because the owners of real

property in the special service district meet or exceed the threshold percentage described

in Subsection 17D-1-304(1)(b)(i);

(iii) the public notice required under Subsection 52-4-202(3)(a) for the electronic meeting

includes information on how a member of the public may participate in the meeting remotely

by electronic means; and

(iv) the administrative control board allows members of the public to participate in the meeting

remotely by electronic means; or

(e) all public body members attend the meeting remotely through an electronic video, audio, or

both video and audio connection, unless the public body receives a written request, at least

12 hours before the scheduled meeting time, to provide for an anchor location for members of

the public to attend in person the open portions of the meeting.

(6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which the chair of

the public body makes the determination.

(7) Compliance with the provisions of this section by a public body constitutes full and complete

compliance by the public body with the corresponding provisions of Sections 52-4-201 and

52-4-202.

(8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection (2)(c)

(v), a public body that is conducting an electronic meeting may not allow a member to vote or

otherwise act by proxy.

Amended by Chapter 381, 2024 General Session

Amended by Chapter 388, 2024 General Session

Amended by Chapter 392, 2024 General Session

52-4-208 Predetermining public body action prohibited -- Exception.

(1) Individuals constituting a quorum of a public body may not act together outside a meeting in

a concerted and deliberate way to predetermine an action to be taken by the public body at a

meeting on a relevant matter.

(2) Subsection (1) does not apply to an individual acting as a member of a body that is not a public

body under Subsection 52-4-103(7)(c).

Repealed and Re-enacted by Chapter 392, 2024 General Session

52-4-209 Electronic meetings for charter school board.

(1) Notwithstanding the definitions provided in Section 52-4-103 for this chapter, as used in this

section:

(a) "Anchor location" means a physical location where:

(i) the charter school board would normally meet if the charter school board were not holding an

electronic meeting; and

(ii) space, a facility, and technology are provided to the public to monitor and, if public comment

is allowed, to participate in an electronic meeting during regular business hours.

(b) "Charter school board" means the governing board of a school created under Title 53G,

Chapter 5, Charter Schools.

(i) with a quorum who:

(A) monitors a website at least once during the electronic meeting; and

(B) casts a vote on a website, if a vote is taken; and

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(ii) for the purpose of discussing, receiving comments from the public about, or acting upon a

matter over which the charter school board has jurisdiction or advisory power.

(d) "Monitor" means to:

(i) read all the content added to a website by the public or a charter school board member; and

(ii) view a vote cast by a charter school board member on a website.

(e) "Participate" means to add content to a website.

(2)

(a) A charter school board may conduct an electronic meeting in accordance with Section

52-4-207.

(b) A charter school board may conduct an electronic meeting in accordance with this section

that is in writing on a website if:

(i) the chair verifies that a quorum monitors the website;

(ii) the content of the website is available to the public;

(iii) the chair controls the times in which a charter school board member or the public

participates; and

(iv) the chair requires a person to identify himself or herself if the person:

(A) participates; or

(B) casts a vote as a charter school board member.

(3) A charter school that conducts an electronic meeting under this section shall:

(a) give public notice of the electronic meeting:

(i) in accordance with Section 52-4-202; and

(ii) by posting written notice at the anchor location as required under Section 52-4-207;

(b) in addition to giving public notice required by Subsection (3)(a), provide:

(i) notice of the electronic meeting to the members of the charter school board at least 24

hours before the meeting so that they may participate in and be counted as present for all

purposes, including the determination that a quorum is present;

(ii) a description of how the members and the public may be connected to the electronic

meeting;

(iii) a start and end time for the meeting, which shall be no longer than 5 days; and

(iv) a start and end time for when a vote will be taken in an electronic meeting, which shall be

no longer than four hours; and

(4) The chair shall:

(a) not allow anyone to participate from the time the notice described in Subsection (3)(b)(iv) is

given until the end time for when a vote will be taken; and

(b) allow a charter school board member to change a vote until the end time for when a vote will

be taken.

(5) During the time in which a vote may be taken, a charter school board member may not

communicate in any way with any person regarding an issue over which the charter school

board has jurisdiction.

(6) A charter school conducting an electronic meeting under this section may not close a meeting

as otherwise allowed under this part.

(7)

(a) Written minutes shall be kept of an electronic meeting conducted as required in Section

52-4-203.

(b)

(i) Notwithstanding Section 52-4-203, a recording is not required of an electronic meeting

described in Subsection (2)(b).

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(ii) All of the content of the website shall be kept for an electronic meeting conducted under this

section.

Section 52-4-203.

(8)

(a) A charter school board shall ensure that the website used to conduct an electronic meeting:

(i) is secure; and

(ii) provides with reasonably certainty the identity of a charter school board member who logs

on, adds content, or casts a vote on the website.

(b) A person is guilty of a class B misdemeanor if the person falsely identifies himself or herself

as required by Subsection (2)(b)(iv).

(9) Compliance with the provisions of this section by a charter school constitutes full and complete

compliance by the public body with the corresponding provisions of Sections 52-4-201 and

52-4-202.

Amended by Chapter 392, 2024 General Session

52-4-210 Electronic message transmissions.

Nothing in this chapter may be construed to restrict a member of a public body from transmitting

an electronic message to other members of the public body at a time when the public body is not

convened in a meeting.

Amended by Chapter 392, 2024 General Session

Part 3

Enforcement

52-4-301 Disruption of meetings.

This chapter does not prohibit the removal of any person from a meeting, if the person willfully

disrupts the meeting to the extent that orderly conduct is seriously compromised.

Enacted by Chapter 14, 2006 General Session

52-4-302 Suit to void final action -- Limitation -- Exceptions.

(1)

(a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207,52-4-208, or

52-4-209 is voidable by a court of competent jurisdiction.

(b) A court may not void a final action taken by a public body for failure to comply with the posting

written notice requirements under Subsection 52-4-202(3)(a) if:

(i) the posting is made for a meeting that is held before April 1, 2009; or

(ii)

(A) the public body otherwise complies with the provisions of Section 52-4-202; and

(B) the failure was a result of unforeseen Internet hosting or communication technology

failure.

(2) Except as provided under Subsection (3), a suit to void final action shall be commenced within

90 days after the date of the action.

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(3) A suit to void final action concerning the issuance of bonds, notes, or other evidences of

indebtedness shall be commenced within 30 days after the date of the action.

(4) In a suit under this section to void a final action in violation of Section 52-4-208, a court may

award a prevailing plaintiff a reasonable attorney fee and costs.

Amended by Chapter 392, 2024 General Session

52-4-303 Enforcement of chapter -- Suit to compel compliance.

(1) The attorney general and county attorneys of the state shall enforce this chapter.

(2) The attorney general shall, on at least a yearly basis, provide notice to all public bodies that are

subject to this chapter of any material changes to the requirements for the conduct of meetings

under this chapter.

(3) A person denied any right under this chapter may commence suit in a court of competent

jurisdiction to:

(a) compel compliance with or enjoin violations of this chapter; or

(b) determine the chapter's applicability to discussions or decisions of a public body.

(4) The court may award reasonable attorney fees and court costs to a successful plaintiff.

Renumbered and Amended by Chapter 14, 2006 General Session

Amended by Chapter 263, 2006 General Session

52-4-304 Action challenging closed meeting.

(1) 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:

(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.

Amended by Chapter 425, 2018 General Session

52-4-305 Criminal penalty for closed meeting violation.

In addition to any other penalty under this chapter, a member of a public body who knowingly

or intentionally violates or who knowingly or intentionally abets or advises a violation of any of the

closed meeting provisions of this chapter is guilty of a class B misdemeanor.

Enacted by Chapter 263, 2006 General Session

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