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[Utah Code Table of Contents]
[TITLE 52. Table of Contents]
52-4-1 Declaration of public policy.
In enacting this chapter, the Legislature finds and declares
that the state, its agencies and political subdivisions,
exist to aid in the conduct of the people's business. It
is the intent of the law that their actions be taken openly
and that their deliberations be conducted openly.
1977
52-4-2 Definitions.
As used in this chapter:
(1) "Convening" means the calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction.
(2) (a) "Meeting" means the convening of a public body, with a quorum present, whether in person or by means of electronic equipment, for the purpose of discussing or acting upon a matter over which the public body has jurisdiction or advisory power.
(b) "Meeting" does not mean:
(i) a chance meeting; or
(ii) the convening of a public body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the public body is convened and:
(A) the public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or
(B) the public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action.
(3) (a) "Public body" means any administrative, advisory, executive, or legislative body of the state or its political subdivisions that:
(i) consists of two or more persons;
(ii) expends, disburses, or is supported in whole or in part by tax revenue; and
(iii) is vested with the authority to make decisions regarding the public's business.
(b) "Public body" does not include any:
(i) political party, group, or caucus; nor
(ii) any conference committee, rules committee, or sifting committee of the Legislature.
(4) (a) "Quorum" means a simple majority of the membership of a public body, unless otherwise defined by applicable law.
(b) "Quorum" does not include a meeting of two elected
officials by themselves when no action, either formal or
informal, is taken on a subject over which these elected
officials have jurisdiction.
1994
52-4-3 Meetings open to the public - Exceptions.
Every meeting is open to the public unless closed pursuant
to Sections
52-4-4
and
52-4-5
.
1977
52-4-4 Closed meeting held upon vote of members - Business - Reasons for meeting recorded.
A closed meeting may be held upon the affirmative vote of two-thirds of the members of the public body present at an open meeting for which notice is given pursuant to Section 52-4-6 ; provided, a quorum is present. No closed meeting is allowed except as to matters exempted under Section 52-4-5 ; provided, no ordinance, resolution, rule, regulation, contract, or appointment shall be approved at a closed meeting. The reason or reasons for holding a closed meeting and the vote, either for or against the proposition to hold such a meeting, cast by each member by name shall be entered on the minutes of the meeting.
Nothing in this chapter shall be construed to require
any meeting to be closed to the public.
1977
52-4-5 Purposes of closed meetings - Chance meetings and social meetings excluded - Disruption of meetings.
(1) (a) A closed meeting may be held pursuant to Section 52-4-4 for any of the following purposes:
(i) discussion of the character, professional competence, or physical or mental health of an individual;
(ii) strategy sessions to discuss collective bargaining;
(iii) strategy sessions to discuss pending or reasonably imminent litigation;
(iv) strategy sessions to discuss the purchase, exchange, or lease of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms;
(v) strategy sessions to discuss the sale of real property when:
(A) public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms;
(B) the public body had previously given public notice that the property would be offered for sale; and
(C) the terms of the sale are publicly disclosed before the public body approves the sale;
(vi) discussion regarding deployment of security personnel, devices, or systems;
(vii) investigative proceedings regarding allegations of criminal misconduct; and
(viii) discussion by a county legislative body of commercial information as defined in Section 59-1-404 .
(b) A public body may not interview a person applying to fill an elected position in a closed meeting.
(c) Nothing in this section may be construed to require any public body to approve the purchase, sale, exchange, or lease of real property if that public body is not required to approve the purchase, sale, exchange, or lease of real property under other laws.
(2) This chapter shall not apply to any chance meeting or a social meeting. No chance meeting or social meeting shall be used to circumvent this chapter.
(3) This chapter shall not prohibit the removal of any
person who willfully disrupts a meeting to the extent that
orderly conduct is seriously compromised.
2004
52-4-6 Public notice of meetings.
(1) Any 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. The public notice shall specify the date, time, and place of such meetings.
(2) In addition to the notice requirements of Subsection (1) of this section, each public body shall give not less than 24 hours' public notice of the agenda, date, time and place of each of its meetings.
(3) Public notice shall be satisfied by:
(a) posting written notice at the principal office of the public body, or if no such office exists, at the building where the meeting is to be held; and
(b) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of the public body, or to a local media correspondent.
(4) Public bodies are encouraged to develop and use electronic means to post notice in addition to those means listed in Subsection (3).
(5) When because of unforeseen circumstances it is necessary
for a public body to hold an emergency meeting to consider
matters of an emergency or urgent nature, the notice requirements
of Subsection (2) may be disregarded and the best notice
practicable given. No such emergency meeting of a public
body shall be held unless an attempt has been made to notify
all of its members and a majority votes in the affirmative
to hold the meeting.
1998
52-4-7 Minutes of open meetings - Public records - Recording of meetings.
(1) Written minutes or a digital or tape recording shall be kept of all open meetings. Such minutes or a digital or tape recording shall include:
(a) the date, time, and place of the meeting;
(b) the names of members present and absent;
(c) the substance of all matters proposed, discussed, or decided, and a record, by individual member, of votes taken;
(d) the names of all citizens who appeared and the substance in brief of their testimony; and
(e) any other information that any member requests be entered in the minutes.
(2) Except as provided in Section 52-4-7.5 , written minutes or a digital or tape recording shall be kept of all closed meetings. Such minutes or digital or tape recording shall include:
(a) the date, time, and place of the meeting;
(b) the names of members present and absent; and
(c) the names of all others present except where such disclosure would infringe on the confidence necessary to fulfill the original purpose of closing the meeting.
(3) The minutes and recordings are public records and shall be available within a reasonable time after the meeting. A meeting record kept only by a digital or tape recording must be converted to written minutes within a reasonable time upon request.
(4) All or any part of an open meeting may be recorded by any person in attendance; provided, the recording does not interfere with the conduct of the meeting.
(5) Minutes of meetings that are required to be retained permanently shall be maintained in or converted to a format that meets long-term records storage requirements.
(6) Written minutes or digital or tape recordings shall
be public records pursuant to Title 63, Chapter 2, Government
Records Access and Management Act, but only written minutes
shall be evidence of the official action taken at such meeting.
2002
52-4-7.5 Record of closed meetings.
(1) If a public body closes a meeting to discuss the character, professional competence, or physical or mental health of an individual under Subsection 52-4-5 (1)(a)(i) or to discuss the deployment of security personnel, devices, or systems under Subsection 52-4-5 (1)(a)(vi), the person presiding shall sign a sworn statement affirming that the sole purpose for closing the meeting was to discuss:
(a) the character, professional competence, or physical or mental health of an individual; or
(b) the deployment of security personnel, devices, or systems.
(2) (a) If a public body closes a meeting under Subsection 52-4-5 (1) for any purpose other than to discuss the character, professional competence, or physical or mental health of an individual or to discuss the deployment of security personnel, devices, or systems, the public body shall either tape record the closed portion of the meeting or keep detailed written minutes that disclose the content of the closed portion of the meeting.
(b) (i) Tape recordings and written minutes of closed meetings are protected records under Title 63, Chapter 2, Government Records Access and Management Act, and any person who violates the provisions of Section 63-2-801 is subject to the criminal penalties contained in that section.
(ii) Notwithstanding the provisions of Subsection
63-2-202
(4)(c), tape recordings and written minutes
of closed meetings, as protected records, may be disclosed
pursuant to a court order only as provided in Section
52-4-10
.
1994
52-4-7.8 Electronic meetings - Authorization - Requirements.
(1) As used in this section:
(a) "Anchor location" means the physical location from which the electronic meeting originates or from which the participants are connected.
(b) "Electronic meeting" means a public meeting convened or conducted by means of a telephonic, telecommunications, or computer conference.
(c) "Electronic notice" means electronic mail or fax.
(d) "Monitor" means to:
(i) hear, live, by speaker, or by other equipment, all of the public statements of each member of the public body who is participating in a meeting; or
(ii) see, by computer screen or other visual medium, all of the public statements of each member of the public body who is participating in a meeting.
(e) "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 see the communication.
(f) "Public hearing" means a meeting at which comments from the public will be accepted.
(g) "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.
(2) A public body may, by following the procedures and requirements of this section, convene and conduct an electronic meeting.
(3) Each public body convening or conducting an electronic meeting shall:
(a) give public notice of the meeting pursuant to Section 52-4-6 by:
(i) posting written notice at the anchor location; and
(ii) providing written or electronic notice to:
(A) at least one newspaper of general circulation within the state; and
(B) to a local media correspondent;
(b) in addition to giving public notice required by Subsection (3)(a), provide:
(i) notice of the electronic meeting to the members of the public body 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; and
(ii) a description of how the members will be connected to the electronic meeting;
(c) establish written procedures governing the electronic meeting at which one or more members of a public body are participating by means of a telephonic or telecommunications conference;
(d) establish one or more anchor locations for the public meeting, at least one of which is in the building and city where the public body would normally meet if they were not holding an electronic meeting;
(e) provide space and facilities at the anchor location so that interested persons and the public may attend and monitor the open portions of the meeting; and
(f) if the meeting is a public hearing, provide space and facilities at the anchor location so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.
(4) 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
52-4-3
and
52-4-6
.
2001
52-4-8 Suit to void final action - Limitation - Exceptions.
Any final action taken in violation of Sections
52-4-3
and
52-4-6
is voidable by a court of competent jurisdiction.
Suit to void final action shall be commenced within 90 days
after the action except that with respect to any final action
concerning the issuance of bonds, notes, or other evidences
of indebtedness suit shall be commenced within 30 days after
the action.
1978
52-4-9 Enforcement of chapter - Suit to compel compliance.
(1) The attorney general and county attorneys of the state shall enforce this chapter.
(2) A person denied any right under this chapter may commence
suit in a court of competent jurisdiction to compel compliance
with or enjoin violations of this chapter or to determine
its applicability to discussions or decisions of a public
body. The court may award reasonable attorney fees and court
costs to a successful plaintiff.
1977
52-4-10 Action challenging closed meeting.
(1) Notwithstanding the procedure established in Subsection 63-2-202 (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 tape 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 the law governing closed meetings, the judge shall dismiss the case without disclosing or revealing any information from the tape recording or minutes of the closed meeting.
(b) If the judge determines that the public body violated
the law governing closed meetings, the judge shall publicly
disclose or reveal from the tape recordings or minutes of
the closed meeting all information about the portion of the
meeting that was illegally closed.
1994
