Current through the 2024 Fourth Special Session
Section 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.(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: (a) may be disclosed under a court order only as provided under Section 52-4-304; and(b) shall be disclosed, upon request, to the Office of the Legislative Auditor General under Section 36-12-15.(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 21, 2023 General Session ,§ 10, eff. 3/3/2023.Amended by Chapter 425, 2018 General Session ,§ 2, eff. 5/8/2018.Amended by Chapter 239, 2010 General Session.