Council Provided Information - 3/5/2024CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
DATE:March 5, 2024
RE:Council Member Policy C.16 – Comments at Council Meetings
Comment rules, and procedures
ISSUE AT A GLANCE
The Council will discuss possible changes to the Council’s Policy Manual, Section C.16 related to Comments
at Council Meetings. The policy, rules, and procedure are in place to ensure that City business is able to be
conducted in a reasonable and orderly manner.
The Council has established meeting rules and procedures within legal guidelines and with the following
goals in mind:
•Safe environment: To create a safe atmosphere that is not intimidating so that people are
encouraged to participate, attend, and share their viewpoint, even if it conflicts with others in the
audience,
•Feedback forum: To provide an open comment period for the public to address the Council on a
variety of topics affecting the City (that is not otherwise scheduled for a public hearing).
•Orderly & Efficient Meeting: To allow adequate time for public comment, required hearings,
deliberation, Council action, and other necessary and scheduled City business.
POLICY QUESTIONS
1. Many jurisdictions have structured their public comment agenda differently than Salt Lake City.
The Council has received feedback about considering some of the changes to the general comment
section during formal Council meetings. Does the Council wish to consider any of these changes:
a. Overall time limit: Does the Council wish to implement a time limit to the
general comment section?
b. Amount of time for each speaker: Does the Council wish to change the two-minute
limit per speaker?
c. Variety of topics: Does the Council wish to implement a system other than “first-
come, first-served” so that a variety of topics can be covered by the people
who came to speak? (i.e. a lottery or self-selection based on topic)
d. Frequency of General Comment: Does the Council wish to consider holding
General Comment once per month?
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e. End time for the meeting: Does the Council wish to consider setting a maximum
end time for Council meetings?
f. Other?
2. The Council may wish to discuss with the City Attorney whether any of the rules or procedures can
be adjusted in the moment if a unique situation allows. (For example, depending on the number of
people signed up to speak, could the Council adjust the time available to each speaker for one night,
or extend any time limits, etc.)
3. The Council may wish to direct staff to make updates to the Public Meeting Rules of Decorum
and/or Policy Manual as appropriate, to include any approved changes.
ADDITIONAL / BACKGROUND INFORMATION
The existing Public Meeting rules / “Rules of Decorum” (attached) already cover:
•General information about the public comment opportunities at the Council meetings and how to
register whether attending in-person or remotely.
•Public Meeting Rules designed to maintain the:
o Creation of a safe and comfortable forum for people to participate
o Prohibition of discriminatory language addressing a person or group’s religion, ethnicity,
nationality, race, color, descent, gender, sexual orientation, disability, age, or other identity
factor.
o Security and safety of all meeting attendees
o Protection of historic elements
The Council may wish to make edits, addition, or clarifications to the Rules of Decorum or Council Policy
Manual regarding Public Comment.
•Registration window: specify when registration for public comment is open – starting and ending
time (Note: the Council has already requested to change this to 7:30 p.m. or at the closure of a
hearing.)
•Any new time limits
•Comments about city issues should be addressed to the Council as a body, or the Council and
Mayor as a group, and shall not be addressed to individual elected officials.
•Clarify:
o Public comment may not address any public hearing topics
o Constituents may not sign-up on behalf of others
o Speaking time may not be combined with another speaker
ATTACHMENTS:
1. Current Council Public Meeting Rules of Decorum
2. Sample Public Comment rules from other cities
3. Council Policy Manual Section C.16: Comments at City Council Meetings
4. Utah State Code - Open & Public Meetings Act, Part 2: Meetings
5.Utah State Code - Open & Public Meetings Act, Part 3: Enforcement
Salt Lake City Council
Welcomes Your Comments
There are two sections on the Council agenda where constituents can address the Council for two
minutes. All information submitted during public comment becomes part of the public record.
Those in attendance must follow the Public Meeting Rules outlined below.
Public Hearings: During this meeting section, the public may comment on public hearing items
listed on the Council's formal meeting agenda. Speakers must limit their comments to the public
hearing topic. You can register to comment until the Council closes the hearing.
Public Comments to the City Council: The general comments section allows the public to address
the Council about any item not scheduled for a public hearing or any other City business.
Registration ends at 7:30 p.m.
Note: The public comment portion of the meeting is generally for constituents to speak and the
Council to listen, however, there may be times when a Council Member may request a point of
personal privilege from the Chair to ask a question or make a brief remark.
Steps for Public Comment
In-Person Attendees
• Fill out a public comment card. Check the box indicating that you want to speak. If you do
not want to speak, check the appropriate box, and write your comments on the back. Hand
your comment card to a Council staff member. Please fill out a comment card for each
public hearing and general comment section you want to submit a comment for.
• Council staff will call upon everyone signed up to speak in the order cards are received.
• When called upon to approach the podium, say your name into the microphone, and then
proceed with your comments (providing the area of the city where you live is also helpful to
the Council).
• If you run out of time to speak, you can write your comments on a comment card.
Zoom Attendees
• Access the Zoom meeting information at SLCCouncil.com. Fill out the registration. Once
registered, Council staff will add you to the speakers' queue.
• You will receive an email with a link to join the webinar. Click on the link and follow the
prompts. You may join 30 minutes before the meeting starts.
• When you join the meeting, your camera and microphone are turned off. Council staff will
call on you when it is your turn to speak and unmute your microphone. After your two
minutes are up, Council staff will mute your microphone and move on to the next
commentor.
• If you run out of time to speak, please email your comments to
council.comments@slcgov.com or call 801-535-7654.
Please observe the two-minute time limit so everyone may have a chance to speak. People cannot
combine their time so that one person speaks longer than another (i.e., “Joe” cannot give his time
to “Jane” to allow “Jane” to speak for four minutes).
If you speak to a public hearing item, you may speak again during general comment if your issue is
on a new topic. Please note that registration for public comments ends at 7:30 p.m., about 30
minutes after the formal meeting starts.
Public Meeting Rules
Council meetings are a place for people to feel safe and comfortable participating in their
government. A respectful and safe environment allows a meeting to be conducted in an orderly,
efficient, effective, and dignified fashion, free from distraction, intimidation, and threats to safety.
We welcome everyone, so please be mindful and keep comments free of discriminatory language
referring to a person or group based on their religion, ethnicity, nationality, race, color, descent,
gender, sexual orientation, disability, age, or other identity factor.
To support a respectful meeting, actions that disrupt the meeting, intimidate other participants, or
may cause safety concerns are not allowed. For example:
• Council staff or security officers may ask you to open any large bags, purses, or backpacks for
inspection. They may also request changes to the placement of recording equipment or other
props to help facilitate the meeting.
• Jeering, cheering, clapping, and waving signs may intimidate other speakers and cause a
disruption, so please refrain from such activities.
• Please respect the room's historical elements, such as keeping feet off furniture, avoiding
leaning or touching paintings and other décor, and no food or drinks in the Council Chamber
(Room 315).
• Generally, props and equipment are not allowed. If you have a prop or piece of equipment
integral to a presentation, please clear its use with a staff member or security officer before
entering the meeting room.
• Signs are permitted; however, so that they do not cause disruption or block the view of others,
please follow these guidelines: signs should be able to be kept at your feet or on your lap;
sticks or dowels are not allowed; signs can be kept near the podium on the floor during your
turn to speak.
• If you have questions about the proper placement of recording equipment or recording in
general, please coordinate this with a security officer or staff member before the beginning of
the meeting who will make requests to help ensure that it does not disrupt the meeting or
make other attendees feel uncomfortable.
• If you have written remarks, a document, or other items you may want the City Council to
review, refrain from approaching the dais. Instead, please give them to Council staff, who will
distribute them to Council Members.
Failure to follow these rules of order may result in removal from the meeting.
Other Ways to Provide Comment to the City Council
Email: council.comments@slcgov.com
Phone: 801-535-7600
24-Hr Comment Line: 801-535-7654
Write: Salt Lake City Council
P.O. Box 145476
Salt Lake City, UT 84114-5476
When providing additional information or comments to the Council, it is helpful to submit a set of
bullet points, such as:
• Clearly state your question
• Issue/concern/problem
• Support/objections to the proposal
• Information you want the Council to know
• Recommendations for solutions
Last updated: February 2024
Attachment 2
Samples from other cities
Excerpts from Berkeley City Council Rules:
•During the public comment period for each Action Item, the Presiding Officer will request that
persons wishing to speak, line up at the podium to be recognized and to determine the number
of persons interested in speaking at that time.
•If ten or fewer persons are interested in speaking on an individual Action Item, each speaker
may speak for two minutes. If there are more than ten persons interested in speaking on an
item, the Presiding Officer may limit the public comment for all speakers on the item to one
minute per speaker. Speakers are permitted to yield their time to one other speaker, however
no one speaker shall have more than four minutes.
•This procedure also applies to public hearings except those types of public hearings specifically
provided for in this section, below.
•persons will be selected by lottery to address matters not on the Council agenda.If five or fewer
persons submit speaker cards for the lottery, each person selected will be allotted two minutes
each. If more than five persons submit speaker cards for the lottery, up to ten persons will be
selected to address matters not on the Council agenda and each person selected will be allotted
one minute each.
•Persons wishing to address the Council on matters not on the Council agenda during the initial
ten-minute period for such comment, must submit a speaker card to the City Clerk in person at
the meeting location and prior to commencement of that meeting.
•The remainder of the speakers wishing to address the Council on non-agenda items will be
heard at the end of the agenda. Speaker cards are not required for this second round of public
comment on non-agenda matters.
•For the second round of public comment on non-agenda matters, the Presiding Officer retains
the authority to limit the number of speakers by subject. The Presiding Officer will generally
request that persons wishing to speak, line up at the podium to be recognized to determine the
number of persons interested in speaking at that time. Each speaker will be entitled to speak for
two minutes each unless the Presiding Officer determines that one-minute is appropriate given
the number of speakers.
•Pursuant to this document, no Council meeting shall continue past 11:00 p.m. unless a two-
thirds majority of the Council votes to extend the meeting to discuss specified items. If any
agendized business remains unfinished at 11:00 p.m. or the expiration of any extension after
11:00 p.m., it will be referred to the Agenda & Rules Committee for scheduling pursuant to
Chapter II, Section F. In that event, the meeting shall be automatically extended for up to fifteen
(15) minutes for public comment on non-agenda items.
•People addressing the Council may first give their name in an audible tone of voice for the
record. All remarks shall be addressed to the Council as a body and not to any member thereof.
No one other than the Council and the person having the floor shall be permitted to enter into
any discussion, either directly or through a member of the Council, without the permission of
the Presiding Officer. No question shall be asked of a Councilmember except through the
Presiding Officer.
Summary of Portland, OR rules:
•Portland Oregon allows a few people to sign up for communications slots at each meeting.
•Members of the public may sign up in advance for a Communication spot on the agenda.
Communications allow members of the public to address Council for three minutes about a
topic of their choosing.
•Communications are the first item heard at the Wednesday morning meeting and five spots are
available. Individuals may sign up for a Communication once a month.
•Communications should only be scheduled after the topic has been brought to the attention of
the appropriate bureau or Commissioner. The Ombudsman's Office may also be helpful in
resolving concerns.
•View ARA-7.02 Policy for more information about Communications
•People are allowed to comment once per month.
https://www.portland.gov/council-clerk/engage-council
Denver, CO
•The session lasts for 30 minutes, starting at 5:00 p.m. and ending at 5:30 p.m. when the full
council meets, mostly on Mondays. You can subscribe to the weekly schedule here, which will
always let you know when meetings are.
•To speak, you need to sign up, and it's first-come, first-served.
•The council tries to hear from as many people as possible in those 30 minutes but not everyone
who signed up might be able to speak. If you don't get to speak, you to try again at another
session or to reach out to your member and/or the at-large members directly. Find out who
your council member is here. If you already know who your member is, find their contact info
here.
•If you are called to speak, you'll have three minutes to talk about anything related to the city,
except for things that are scheduled to get their own public hearing. Click here to learn about
public hearings.
•You can choose speak in person in the council chamber (1437 Bannock Street, 4th floor), or
online using Zoom. If you choose to speak via Zoom, you'll receive a link after signing up.
•If you have handouts or other written materials to go with your comments to the council, we
are happy to put them in each of the members' mailboxes to read later. They will not be
handed to members during the session. You must bring enough copies for all 13 members -- we
cannot make copies for you. If you are called to speak, let the members know you gave the
materials so they know to look for it. It is helpful if you put your name and contact information
on the materials in case a member wishes to contact you. You can give them to the staff
member inside the chamber at the secretary's desk.
•If you have spoken in the General Public Comment Session in the last week or the last three
months, then new people get to speak before you. This is because we want to give everyone
the chance to use their voice. There will be sessions where not everyone will get to speak.
•Note that the council members will not respond to any speaker during the General Public
Comment Session. Council members can follow up with speakers later, if they choose.
Sign up opens Friday at 11:00 a.m. and closes Monday at 3:00 p.m. You can sign up at the link below or
by calling 720-337-2000.
https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-
Offices-Directory/Denver-City-Council/Public-Input/General-Public-Comment
Guidelines for Public Comment Period
And Public Hearings
The presiding officer has discretion in enforcing these guidelines for the orderly and civil conduct of City Council meetings.
The guidelines below apply to both the public comment period and legislative public hearings before Council unless noted
otherwise.
1. Public comment period is provided at the discretion of the City Council.
2. Sign-up sheets for speaking during the public comment period and public hearings will be
available 30 minutes before the start of the meeting. Citizens may not sign up on behalf of
others.
3. For the public comment period, each speaker is allowed three minutes, unless time is
extended by the presiding officer. The public comment period may be limited to 15
minutes. A time limit may be imposed for individual testimony at a public hearing.
4. Meeting attendees may not “donate” their speaking time to another person.
5. Speakers are not permitted to comment during the public comment period on topics that
come up later as a public hearing item.
6. All remarks should be addressed to the Council as a whole.
7. Speakers shall refrain from comment or behavior that involves:
a. Disorderly speech or action; name-calling or personal attacks; obscene or indecent
remarks; and derogatory comments on personalities;
b. Advertising or promoting the sale of products, services, or private enterprise;
c. Promoting any contest or lottery; and
d. Promoting candidates for public office or upcoming ballot measures.
8. Any person who engages in speech or action as described in Section 7.a, when such
speech or action disrupts, disturbs or otherwise impedes the orderly conduct of any
Council meeting, may, at the discretion of the presiding officer, be barred from further
audience before the Council during that meeting.
9. Any person who engages in speech or action as described in Sections 7.b-d may, at the
discretion of the presiding officer, be barred from further audience before the Council
during that meeting.
10. In addition to the limits specified above, the presiding officer may set other reasonable,
viewpoint-neutral limits to prevent disruption of Council business.
Attachment 3
Council Policy Manual Section C.16: Comments at City Council Meetings
C.16 COMMENTS AT COUNCIL MEETINGS (11/2004)
a. During the Comments portion of Council meetings, members of the audience are encouraged
to address the Council and/or Mayor concerning any item pertaining to City business. Audience
members addressing the Council and/or Mayor are required to speak into the microphone at the
podium, clearly state their name and indicate if they are a resident of Salt Lake City. The
Council will allow two minutes for the requestor to address the Council. For individuals who are
speech- impaired, the time frame will be extended from two minutes to four minutes per person.
The same consideration will be given to individuals using speech interpreters.
Utah Code
Page 1
Part 2
Meetings
52-4-201 Meetings open to the public -- Exceptions.
(1) A meeting is open to the public unless closed under Sections 52-4-204, 52-4-205, and
52-4-206.
(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.
Renumbered and Amended by Chapter 14, 2006 General Session
Amended by Chapter 263, 2006 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)
Utah Code
Page 2
(a)
(i) A public body shall give not less than 24 hours' public notice of each meeting.
(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.
(c) A public body or specified body that is required, under this chapter and Section 63G-30-102,
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.
Utah Code
Page 3
(c) Except as provided in Subsection (5), relating to emergency meetings, a public body may not
take final action on a topic in an open meeting unless the topic is:
(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.
(c) A public body that has members who were elected to the public body shall satisfy the
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.
Utah Code
Page 4
(iii) "Pending minutes" means written minutes:
(A) of an open meeting; and
(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, town, or metro
township.
(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.
(c) Pending minutes shall contain a clear indication that the public body has not yet approved the
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
(C) if the public body provides online minutes under Subsection (2)(b), post approved minutes
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
Utah Code
Page 5
(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.
(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 16, 2023 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;
(C) for an ethics committee of the Legislature that is conducting an open meeting for the
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;
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(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
(b)
(i) for the Independent Legislative Ethics Commission, the closed meeting is convened 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 convened 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";
(iii) for the Independent Executive Branch Ethics Commission created in Section 63A-14-202,
the closed meeting is convened 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"; or
(iv) for the Data Security Management Council created in Section 63A-16-701, the closed
meeting is convened in accordance with Subsection 63A-16-701(7), 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
information technology security."
(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
(c) the vote by name, of each member of the public body, either for or against the motion to hold
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 169, 2022 General Session
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Amended by Chapter 422, 2022 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;
(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:
(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:
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(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;
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(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 Title 20A, Chapter 1,
Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office; 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 Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary
Absence in Elected Office.
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
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:
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(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
(c) the names of all others present except where the disclosure would infringe on the
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.
(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
convene and conduct an electronic meeting 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.
(c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
(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 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;
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(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; or
(vi) establish other procedures, limitations, or conditions governing electronic meetings not in
conflict with this section.
(3) A public body that convenes and conducts an electronic meeting shall:
(a) give public notice of the electronic meeting in accordance with Section 52-4-202;
(b) except for an electronic meeting described in Subsection (5), post written notice of the
electronic meeting at the anchor location; and
(c) 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 electronically connect to the meeting.
(4)
(a) Except as provided in Subsection (5), a public body that convenes and 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.
(b) A public body that convenes and conducts an electronic meeting may provide means by
which members of the public may attend the meeting 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
(C) information on how a member of the public may attend the meeting remotely by 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 convening 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 attend 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
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(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)(a)(ii);
(iii) the public notice required under Subsection 52-4-202(3)(a)(i)(B) for the electronic meeting
includes information on how a member of the public may attend the meeting remotely by
electronic means; and
(iv) the board of trustees allows members of the public attending the meeting by remote
electronic means to participate in the meeting; or
(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
(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)(i)(B) for the electronic meeting
includes information on how a member of the public may attend the meeting remotely by
electronic means; and
(iv) the administrative control board allows members of the public attending the meeting by
remote electronic means to participate in 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.
(9) Except for a unanimous vote, a public body that is conducting an electronic meeting shall take
all votes by roll call.
Amended by Chapter 100, 2023 General Session
52-4-208 Chance or social meetings.
(1) This chapter does not apply to any chance meeting or a social meeting.
(2) A chance meeting or social meeting may not be used to circumvent the provisions of this
chapter.
Enacted by Chapter 14, 2006 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:
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(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.
(c) "Meeting" means the convening of a charter school board:
(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
(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 convene and conduct an electronic meeting in accordance with
Section 52-4-207.
(b) A charter school board may convene and 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
(c) provide an anchor location.
(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.
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(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).
(ii) All of the content of the website shall be kept for an electronic meeting conducted under this
section.
(c) Written minutes are the official record of action taken at an electronic meeting as required in
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 415, 2018 General Session
52-4-210 Electronic message transmissions.
Nothing in this chapter shall 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 an open meeting.
Enacted by Chapter 25, 2011 General Session
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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, 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.
(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.
Amended by Chapter 435, 2023 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.
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(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