Title 52 Chapter 4 Section 204

Public Officers
Open and Public Meetings Act
Section 204
Closed meeting held upon vote of members -- Business -- Reasons for meeting recorded.

            

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; or

            (D) for the Political Subdivisions Ethics Review Commission established in Section 11-49-201 that is conducting an open meeting for the purpose of reviewing an ethics complaint in accordance with Section 11-49-701, 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 11-49-201, the closed meeting is convened for the purpose of conducting business relating to the preliminary review of an ethics complaint in accordance with Section 11-49-602, 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 426, 2013 General Session