52-4-203 - Written minutes of open meetings -- Public records -- Recording of meetings.
52-4-203. Written minutes of open meetings -- Public records -- Recording ofmeetings.
(1) Except as provided under Subsection (7), written minutes and a recording shall bekept of all open meetings.
(2) Written minutes of an open meeting shall include:
(a) the date, time, and place of the meeting;
(b) the names of members present and absent;
(c) the substance of all matters proposed, discussed, or decided by the public body whichmay include a summary of comments made by members of the public body;
(d) a record, by individual member, of each vote taken by the public body;
(e) the name of each person who:
(i) is not a member of the public body; and
(ii) after being recognized by the presiding member of the public body, providedtestimony or comments to the public body;
(f) the substance, in brief, of the testimony or comments provided by the public underSubsection (2)(e); and
(g) any other information that is a record of the proceedings of the meeting that anymember requests be entered in the minutes or recording.
(3) A recording of an open meeting shall:
(a) be a complete and unedited record of all open portions of the meeting from thecommencement of the meeting through adjournment of the meeting; and
(b) be properly labeled or identified with the date, time, and place of the meeting.
(4) The written minutes and recording of an open meeting are public records under Title63G, Chapter 2, Government Records Access and Management Act, as follows:
(a) Written minutes that have been prepared in a form awaiting only formal approval bythe public body are a public record.
(b) Written minutes shall be available to the public within a reasonable time after the endof the meeting.
(c) Written minutes that are made available to the public before approval by the publicbody under Subsection (4)(d) shall be clearly identified as "awaiting formal approval" or"unapproved" or with some other appropriate notice that the written minutes are subject tochange until formally approved.
(d) A public body shall establish and implement procedures for the public body'sapproval of the written minutes of each meeting.
(e) Written minutes are the official record of action taken at the meeting.
(f) A recording of an open meeting shall be available to the public for listening withinthree business days after the end of the meeting.
(5) All or any part of an open meeting may be independently recorded by any person inattendance if the recording does not interfere with the conduct of the meeting.
(6) The written minutes or recording of an open meeting that are required to be retainedpermanently shall be maintained in or converted to a format that meets long-term records storagerequirements.
(7) Notwithstanding Subsection (1), a recording is not required to be kept of:
(a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken bythe public body; or
(b) an open meeting of a local district under Title 17B, Limited Purpose LocalGovernment Entities - Local Districts, or special service district under Title 17D, Chapter 1,Special Service District Act, if the district's annual budgeted expenditures for all funds,excluding capital expenditures and debt service, are $50,000 or less.
Amended by Chapter 137, 2009 General Session