Title 52 Chapter 4 Section 205

Public Officers
Open and Public Meetings Act
Section 205
Purposes of closed meetings -- Certain issues prohibited in closed meetings.

            

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, 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, Controversies and 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; or

            (p) 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); and

            (c) 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.

            (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 196, 2014 General Session