52-4-206 - Record of closed meetings.
52-4-206. Record of closed meetings.
(1) Except as provided under Subsection (6), if a public body closes a meeting underSubsection 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 ofthe meeting.
(2) A recording of a closed meeting shall be complete and unedited from thecommencement 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 theconfidentiality necessary to fulfill the original purpose of closing the meeting.
(4) Minutes or recordings of a closed meeting that are required to be retainedpermanently shall be maintained in or converted to a format that meets long-term records storagerequirements.
(5) Both a recording and written minutes of closed meetings are protected records underTitle 63G, Chapter 2, Government Records Access and Management Act, except that the recordsmay 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 underSubsection 52-4-205(1)(a), (1)(f), or (2):
(a) the person presiding shall sign a sworn statement affirming that the sole purpose forclosing the meeting was to discuss the purposes described under Subsection52-4-205(1)(a),(1)(f), or (2); and
(b) the provisions of Subsection (1) of this section do not apply.
Amended by Chapter 239, 2010 General Session