Section 302 – Suit to void final action — Limitation — Exceptions.
52-4-302. Suit to void final action — Limitation — Exceptions. (1) (a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207, or 52-4-209 is voidable by a court of competent jurisdiction. (b) A court may not void a final action taken by a public body for failure to comply with the posting written […]
Section 303 – Enforcement of chapter — Suit to compel compliance.
52-4-303. Enforcement of chapter — Suit to compel compliance. (1) The attorney general and county attorneys of the state shall enforce this chapter. (2) The attorney general shall, on at least a yearly basis, provide notice to all public bodies that are subject to this chapter of any material changes to the requirements for the […]
Section 304 – Action challenging closed meeting.
Effective 5/8/2018 52-4-304. Action challenging closed meeting. (1) Notwithstanding the procedure established under Subsection 63G-2-202(7), in any action brought under the authority of this chapter to challenge the legality of a closed meeting held by a public body, the court shall: (a) review the recording or written minutes of the closed meeting in camera; and […]
Section 305 – Criminal penalty for closed meeting violation.
52-4-305. Criminal penalty for closed meeting violation. In addition to any other penalty under this chapter, a member of a public body who knowingly or intentionally violates or who knowingly or intentionally abets or advises a violation of any of the closed meeting provisions of this chapter is guilty of a class B misdemeanor. Enacted […]
Section 201 – Indictment or information against officer or employee — Reimbursement of attorney fees and court costs incurred in defense.
52-6-201. Indictment or information against officer or employee — Reimbursement of attorney fees and court costs incurred in defense. (1) If a state grand jury indicts, or if an information is filed against, an officer or employee, in connection with or arising out of any act or omission of that officer or employee during the […]
Section 202 – Payment of reimbursement of attorney fees and court costs.
52-6-202. Payment of reimbursement of attorney fees and court costs. (1) A request for reimbursement of attorney fees and court costs shall be filed in the manner provided in Sections 63G-7-902 and 63G-7-903. (2) (a) Any reimbursement of attorney fees and court costs filed on behalf of an officer or employee of the state shall […]
Section 203 – Written minutes of open meetings — Public records — Recording of meetings.
Effective 5/4/2022 52-4-203. Written minutes of open meetings — Public records — Recording of meetings. (1) Except as provided under Subsection (7), written minutes and a recording shall be kept of all open meetings. (2) (a) Written minutes of an open meeting shall include: (i) the date, time, and place of the meeting; (ii) the […]
Section 204 – Closed meeting held upon vote of members — Business — Reasons for meeting recorded.
Effective 5/4/2022 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 […]
Section 205 – Purposes of closed meetings — Certain issues prohibited in closed meetings.
Effective 9/1/2022 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; […]
Section 206 – Record of closed meetings.
Effective 5/8/2018 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 […]