Public Officers
Open and Public Meetings Act
Section 205
Purposes of closed meetings.
     52-4-205.   Purposes of closed meetings.
     (1) A closed meeting described under Section 52-4-204 may only be held for:
     (a) 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)(B);
     (j) as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404;
     (k) as relates to the Alcoholic Beverage Control Commission issuing a retail license under Title 32B, Alcoholic Beverage Control Act, after receiving public input in a public meeting in support or opposition to the commission issuing the retail license, discussing one or more of the following factors in a closed meeting:
     (i) a factor the commission is required to consider under Section 32B-5-203 or that is specified in the relevant part under Chapter 6, Specific Retail License Act, for the type of retail license at issue;
     (ii) the availability of a retail license under a quota;
     (iii) the length of time the applicant has waited for a retail license;
     (iv) an opening date for the applicant;
     (v) whether the applicant is a seasonal business;
     (vi) whether the location of the applicant has been previously licensed or is a new location;
     (vii) whether the application involves a change of ownership of an existing location;
     (viii) whether the applicant holds other alcohol licenses at any location;
     (ix) whether the applicant has a violation history or a pending violation;
     (x) projected alcohol sales for the applicant as it relates to the extent to which the retail license will be used;
     (xi) whether the applicant is a small or entrepreneurial business that would benefit the

community in which it would be located;
     (xii) the nature of entertainment the applicant proposes; or
     (xiii) public input in support or opposition to granting the retail license;
     (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); and
     (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).
     (3) A public body may not interview a person applying to fill an elected position in a closed meeting.

Amended by Chapter 46, 2011 General Session
Amended by Chapter 334, 2011 General Session
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