Section 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 may be disclosed under a court order only as provided under Section 52-4-304.

• (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 425, 2018 General Session