(1) A closed meeting described under Section 52-4-204 may only be held for:

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Terms Used In Utah Code 52-4-205

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Fiduciary: A trustee, executor, or administrator.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Meeting: means a gathering:
         (5)(a) of a public body or specified body;
         (5)(b) with a quorum present; and
         (5)(c) that is convened:
              (5)(c)(i) by an individual:
                   (5)(c)(i)(A) with authority to convene the public body or specified body; and
                   (5)(c)(i)(B) following the process provided by law for convening the public body or specified body; and
              (5)(c)(ii) for the express purpose of acting as a public body or specified body to:
                   (5)(c)(ii)(A) receive public comment about a relevant matter;
                   (5)(c)(ii)(B) deliberate about a relevant matter; or
                   (5)(c)(ii)(C) take action upon a relevant matter. See Utah Code 52-4-103
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public body: includes :
              (7)(b)(i) an interlocal entity or joint or cooperative undertaking, as those terms are defined in Section 11-13-103, except for the Water District Water Development Council created pursuant to Section 11-13-228;
              (7)(b)(ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
              (7)(b)(iii) the Utah Independent Redistricting Commission; and
              (7)(b)(iv) a project entity, as that term is defined in Section 11-13-103. See Utah Code 52-4-103
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
     (1)(a) except as provided in Subsection (3), discussion of the character, professional competence, or physical or mental health of an individual;
     (1)(b) strategy sessions to discuss collective bargaining;
     (1)(c) strategy sessions to discuss pending or reasonably imminent litigation;
     (1)(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, or to discuss a proposed development agreement, project proposal, or financing proposal related to the development of land owned by the state, if public discussion would:

          (1)(d)(i) disclose the appraisal or estimated value of the property under consideration; or
          (1)(d)(ii) prevent the public body from completing the transaction on the best possible terms;
     (1)(e) strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if:

          (1)(e)(i) public discussion of the transaction would:

               (1)(e)(i)(A) disclose the appraisal or estimated value of the property under consideration; or
               (1)(e)(i)(B) prevent the public body from completing the transaction on the best possible terms;
          (1)(e)(ii) the public body previously gave public notice that the property would be offered for sale; and
          (1)(e)(iii) the terms of the sale are publicly disclosed before the public body approves the sale;
     (1)(f) discussion regarding deployment of security personnel, devices, or systems;
     (1)(g) investigative proceedings regarding allegations of criminal misconduct;
     (1)(h) as relates to the Independent Legislative Ethics Commission, conducting business relating to the receipt or review of ethics complaints;
     (1)(i) as relates to an ethics committee of the Legislature, a purpose permitted under Subsection 52-4-204(1)(a)(iii)(C);
     (1)(j) as relates to the Independent Executive Branch Ethics Commission created in Section 63A-14-202, conducting business relating to an ethics complaint;
     (1)(k) as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404;
     (1)(l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed board of directors, discussing fiduciary or commercial information;
     (1)(m) deliberations, not including any information gathering activities, of a public body acting in the capacity of:

          (1)(m)(i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code, during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
          (1)(m)(ii) a protest officer, defined in Section 63G-6a-103, during the process of making a decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
          (1)(m)(iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17, Procurement Appeals Board;
     (1)(n) the purpose of considering information that is designated as a trade secret, as defined in Section 13-24-2, if the public body’s consideration of the information is necessary to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
     (1)(o) the purpose of discussing information provided to the public body during the procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of the meeting:

          (1)(o)(i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be disclosed to a member of the public or to a participant in the procurement process; and
          (1)(o)(ii) the public body needs to review or discuss the information to properly fulfill its role and responsibilities in the procurement process;
     (1)(p) as relates to the governing board of a governmental nonprofit corporation, as that term is defined in Section 11-13a-102, the purpose of discussing information that is designated as a trade secret, as that term is defined in Section 13-24-2, if:

          (1)(p)(i) public knowledge of the discussion would reasonably be expected to result in injury to the owner of the trade secret; and
          (1)(p)(ii) discussion of the information is necessary for the governing board to properly discharge the board’s duties and conduct the board’s business;
     (1)(q) as it relates to the Cannabis Production Establishment Licensing Advisory Board, to review confidential information regarding violations and security requirements in relation to the operation of cannabis production establishments;
     (1)(r) considering a loan application, if public discussion of the loan application would disclose:

          (1)(r)(i) nonpublic personal financial information; or
          (1)(r)(ii) a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business financial information the disclosure of which would reasonably be expected to result in unfair competitive injury to the person submitting the information;
     (1)(s) a discussion of the board of the Point of the Mountain State Land Authority, created in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as defined in Section 11-59-102; or
     (1)(t) a purpose for which a meeting is required to be closed under Subsection (2).
(2) The following meetings shall be closed:

     (2)(a) a meeting of the Health and Human Services Interim Committee to review a report described in Subsection 26B-1-506(1)(a), and a response to the report described in Subsection 26B-1-506(2);
     (2)(b) a meeting of the Child Welfare Legislative Oversight Panel to:

          (2)(b)(i) review a report described in Subsection 26B-1-506(1)(a), and a response to the report described in Subsection 26B-1-506(2); or
          (2)(b)(ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
     (2)(c) a meeting of a conservation district as defined in Section 17D-3-102 for the purpose of advising the Natural Resource Conservation Service of the United States Department of Agriculture on a farm improvement project if the discussed information is protected information under federal law;
     (2)(d) a meeting of the Compassionate Use Board established in Section 26B-1-421 for the purpose of reviewing petitions for a medical cannabis card in accordance with Section 26B-1-421;
     (2)(e) a meeting of the Colorado River Authority of Utah if:

          (2)(e)(i) the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system; and
          (2)(e)(ii) failing to close the meeting would:

               (2)(e)(ii)(A) reveal the contents of a record classified as protected under Subsection 63G-2-305(81);
               (2)(e)(ii)(B) reveal a legal strategy relating to the state’s claim to the use of the water in the Colorado River system;
               (2)(e)(ii)(C) harm the ability of the Colorado River Authority of Utah or river commissioner to negotiate the best terms and conditions regarding the use of water in the Colorado River system; or
               (2)(e)(ii)(D) give an advantage to another state or to the federal government in negotiations regarding the use of water in the Colorado River system;
     (2)(f) a meeting of the General Regulatory Sandbox Program Advisory Committee if:

          (2)(f)(i) the purpose of the meeting is to discuss an application for participation in the regulatory sandbox as defined in Section 63N-16-102; and
          (2)(f)(ii) failing to close the meeting would reveal the contents of a record classified as protected under Subsection 63G-2-305(82); and
     (2)(g) a meeting of a project entity if:

          (2)(g)(i) the purpose of the meeting is to conduct a strategy session to discuss market conditions relevant to a business decision regarding the value of a project entity asset if the terms of the business decision are publicly disclosed before the decision is finalized and a public discussion would:

               (2)(g)(i)(A) disclose the appraisal or estimated value of the project entity asset under consideration; or
               (2)(g)(i)(B) prevent the project entity from completing on the best possible terms a contemplated transaction concerning the project entity asset;
          (2)(g)(ii) the purpose of the meeting is to discuss a record, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity;
          (2)(g)(iii) the purpose of the meeting is to discuss a business decision, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity; or
          (2)(g)(iv) failing to close the meeting would prevent the project entity from getting the best price on the market.
(3) In a closed meeting, a public body may not:

     (3)(a) interview a person applying to fill an elected position;
     (3)(b) discuss filling a midterm vacancy or temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office; or
     (3)(c) discuss the character, professional competence, or physical or mental health of the person whose name was submitted for consideration to fill a midterm vacancy or temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office.
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