52-4-304 - Action challenging closed meeting.
52-4-304. Action challenging closed meeting.
(1) Notwithstanding the procedure established under Subsection 63G-2-202(7), in anyaction brought under the authority of this chapter to challenge the legality of a closed meetingheld by a public body, the court shall:
(a) review the recording or written minutes of the closed meeting in camera; and
(b) decide the legality of the closed meeting.
(2) (a) If the judge determines that the public body did not violate Section 52-4-204,52-4-205, or 52-4-206 regarding closed meetings, the judge shall dismiss the case withoutdisclosing or revealing any information from the recording or minutes of the closed meeting.
(b) If the judge determines that the public body violated Section 52-4-204, 52-4-205, or52-4-206 regarding closed meetings, the judge shall publicly disclose or reveal from therecording or minutes of the closed meeting all information about the portion of the meeting thatwas illegally closed.
Amended by Chapter 382, 2008 General Session