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; or

            (m) 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 238, 2013 General Session

Amended by Chapter 426, 2013 General Session