6 pages Chapter 4 discussed some of the provisions of the Freedom of Information Act and the Government in the Sunshine Act. These federal laws are applicable to federal agencies. Next, we will consid

Utah Code Page 1 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 the physical location from which:(a) an electronic meeting originates; or(b) the participants are connected.(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)(a) "Convening" means the calling together 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 or advisory power.

(b) "Convening" does not include the initiation of a routine conversation between members of a

board of trustees of a large public transit district if the members involved in the conversation

do not, during the conversation, take a tentative or final vote on the matter that is the subject

of the conversation.

(4) "Electronic meeting" means a public meeting convened or conducted by means of a conference

using electronic communications.

(5) "Electronic message" means a communication transmitted electronically, including:(a) electronic mail;(b) instant messaging;(c) electronic chat;(d) text messaging, as that term is defined in Section 76-4-401; or(e) any other method that conveys a message or facilitates communication electronically.(6)(a) "Meeting" means the convening of a public body or a specified body, with a quorum present,

including a workshop or an executive session, whether in person or by means of electronic

communications, for the purpose of discussing, receiving comments from the public about, or Utah Code Page 2 acting upon a matter over which the public body or specific body has jurisdiction or advisory

power.

(b) "Meeting" does not mean:(i) a chance gathering or social gathering;(ii) a convening of the State Tax Commission to consider a confidential tax matter in

accordance with Section 59-1-405; or

(iii) a convening of a three-member board of trustees of a large public transit district as defined

in Section 17B-2a-802 if:

(A) the board members do not, during the conversation, take a tentative or final vote on the

matter that is the subject of the conversation; or

(B) the conversation pertains only to day-to-day management and operation of the public

transit district.

executive responsibilities if:

(i) no public funds are appropriated for expenditure during the time the public body is convened;

and

(ii) the public body is convened solely for the discussion or implementation of administrative or

operational matters:

(A) for which no formal action by the public body is required; or(B) that would not come before the public body for discussion or action.(7) "Monitor" means to hear or observe, live, by audio or video equipment, all of the public

statements of each member of the public body who is participating in a meeting.

(8) "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.

(9)(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 persons;(C) expends, disburses, or is supported in whole or in part by tax revenue; and(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 persons;(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;

(ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102; and(iii) the Utah Independent Redistricting Commission.(c) "Public body" does not include:(i) a political party, a political group, or a political caucus; Utah Code Page 3 (ii) a conference committee, a rules committee, or a sifting 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; or(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(C) the Audit Subcommittee.(10) "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.

(11)(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.

(12) "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.

(13) "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 (9)(c)(ii) or (9)(c)(v).(14) "Transmit" means to send, convey, or communicate an electronic message by electronic

means.

Amended by Chapter 25, 2019 General Session

Amended by Chapter 246, 2019 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 Utah Code Page 4 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

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

(1)(a)(i) A public body shall give not less than 24 hours' public notice of each meeting.(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) A public body or specified body satisfies a requirement for public notice by:(i) posting written notice:(A) at the principal office of the public body or specified body, or if no principal office exists, at

the building where the meeting is to be held; and

(B) on the Utah Public Notice Website created under Section 63F-1-701; and(ii) providing notice to:(A) at least one newspaper of general circulation within the geographic jurisdiction of the

public body; or Utah Code Page 5 (B) a local media correspondent.(b) A public body or specified body is in compliance with the provisions of Subsection (3)(a)(ii)

by providing notice to a newspaper or local media correspondent under the provisions of

Subsection 63F-1-701(4)(d).

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.

(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:

(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 77, 2016 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 Utah Code Page 6 (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.

(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(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 63F-1-701.(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 state public body and a specified local 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 Utah Code Page 7 (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, make the approved minutes

available to the public; 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.

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

Entities - Local 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 425, 2018 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; Utah Code Page 8 (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; or

(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; 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,

provided that 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, provided

that 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 convened for the purpose of conducting business relating to an

ethics complaint, provided that 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) An ordinance, resolution, rule, regulation, contract, or appointment may not be approved at a

closed 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 461, 2018 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: Utah Code Page 9 (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, if public discussion of the transaction 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 Assistance Authority and its appointed board of

directors, discussing fiduciary or commercial information as defined in Section 53B-12-102;

(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 in order 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 in order 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: Utah Code Page 10 (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; or

(q) 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 fatality review

report described in Subsection 62A-16-301(1)(a), and the responses to the report described

in Subsections 62A-16-301(2) and (4);

(b) a meeting of the Child Welfare Legislative Oversight Panel to:(i) review a fatality review report described in Subsection 62A-16-301(1)(a), and the responses

to the report described in Subsections 62A-16-301(2) and (4); or

(ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5);(c) a meeting of the Opioid and Overdose Fatality Review Committee, created in Section

26-7-13, to review and discuss an individual case, as described in Subsection 26-7-13(10);

and

(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; and

(e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for the

purpose of reviewing petitions for a medical cannabis card in accordance with Section

26-61a-105.

(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 12, 2020 General Session

Amended by Chapter 201, 2020 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(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. Utah Code Page 11 (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 may be disclosed under a court order only as provided under Section 52-4-304.

(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 425, 2018 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) The resolution, rule, or ordinance 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; or

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

conflict with this section.

(3) A public body that convenes or conducts an electronic meeting shall:(a) give public notice of the meeting:(i) in accordance with Section 52-4-202; and(ii) post written notice at the anchor location;(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 one or more anchor locations for the public meeting, at least one of which is in the

building and political subdivision where the public body would normally meet if they were not

holding an electronic meeting;

(d) 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 Utah Code Page 12 (e) if comments from the public will be accepted during the electronic meeting, 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 52-4-201 and

52-4-202.

Amended by Chapter 31, 2011 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:(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. Utah Code Page 13 (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.

(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.

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. Utah Code Page 14 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

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)(i)(B) 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 403, 2012 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 Utah Code Page 15

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