52-4-204 - Closed meeting held upon vote of members -- Business -- Reasons for meeting recorded.
52-4-204. Closed meeting held upon vote of members -- Business -- Reasons formeeting 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 Section52-4-202; and
(iii) (A) two-thirds of the members of the public body present at the open meeting vote toapprove closing the meeting;
(B) for a meeting that is required to be closed under Section 52-4-205, if a majority ofthe members of the public body present at an open meeting vote to approve closing the meeting;or
(C) for an ethics committee of the Legislature that is conducting an open meeting for thepurpose of reviewing an ethics complaint, a majority of the members present vote to approveclosing the meeting for the purpose of seeking or obtaining legal advice on legal, evidentiary, orprocedural matters, or for conducting deliberations to reach a decision on the complaint; or
(b) for the Independent Legislative Ethics Commission, the closed meeting is convenedfor the purpose of conducting business relating to the receipt or review of an ethics complaint,provided that public notice of the closed meeting is given under Section 52-4-202, with theagenda for the meeting stating that the meeting will be closed for the purpose of "conductingbusiness relating to the receipt or review of ethics complaints".
(2) A closed meeting is not allowed unless each matter discussed in the closed meeting ispermitted under Section 52-4-205.
(3) An ordinance, resolution, rule, regulation, contract, or appointment may not beapproved at a closed meeting.
(4) The following information shall be publicly announced and entered on the minutes ofthe open meeting at which the closed meeting was approved:
(a) the reason or reasons for holding the closed meeting;
(b) the location where the closed meeting will be held; and
(c) the vote by name, of each member of the public body, either for or against the motionto hold the closed meeting.
(5) Except as provided in Subsection 52-4-205(2), nothing in this chapter shall beconstrued to require any meeting to be closed to the public.
Amended by Chapter 35, 2010 General Session
Amended by Chapter 239, 2010 General Session