2011 Utah Code
Title 52 Public Officers
Chapter 4 Open and Public Meetings Act
Section 205 Purposes of closed meetings.
(1) A closed meeting described under Section 52-4-204 may only be held for:
(a) discussion of the character, professional competence, or physical or mental health of an individual;
(b) strategy sessions to discuss collective bargaining;
(c) strategy sessions to discuss pending or reasonably imminent litigation;
(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, if public discussion of the transaction would:
(i) disclose the appraisal or estimated value of the property under consideration; or
(ii) prevent the public body from completing the transaction on the best possible terms;
(e) strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under consideration; or
(B) prevent the public body from completing the transaction on the best possible terms;
(ii) the public body previously gave public notice that the property would be offered for sale; and
(iii) the terms of the sale are publicly disclosed before the public body approves the sale;
(f) discussion regarding deployment of security personnel, devices, or systems;
(g) investigative proceedings regarding allegations of criminal misconduct;
(h) as relates to the Independent Legislative Ethics Commission, conducting business relating to the receipt or review of ethics complaints;
(i) as relates to an ethics committee of the Legislature, a purpose permitted under Subsection 52-4-204(1)(a)(iii)(B);
(j) as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404;
(k) as relates to the Alcoholic Beverage Control Commission issuing a retail license under Title 32B, Alcoholic Beverage Control Act, after receiving public input in a public meeting in support or opposition to the commission issuing the retail license, discussing one or more of the following factors in a closed meeting:
(i) a factor the commission is required to consider under Section 32B-5-203 or that is specified in the relevant part under Chapter 6, Specific Retail License Act, for the type of retail license at issue;
(ii) the availability of a retail license under a quota;
(iii) the length of time the applicant has waited for a retail license;
(iv) an opening date for the applicant;
(v) whether the applicant is a seasonal business;
(vi) whether the location of the applicant has been previously licensed or is a new location;
(vii) whether the application involves a change of ownership of an existing location;
(viii) whether the applicant holds other alcohol licenses at any location;
(ix) whether the applicant has a violation history or a pending violation;
(x) projected alcohol sales for the applicant as it relates to the extent to which the retail license will be used;
(xi) whether the applicant is a small or entrepreneurial business that would benefit the
community in which it would be located;
(xii) the nature of entertainment the applicant proposes; or
(xiii) public input in support or opposition to granting the retail license;
(l) as relates to the Utah Higher Education Assistance Authority and its appointed board of directors, discussing fiduciary or commercial information as defined in Section 53B-12-102; or
(m) a purpose for which a meeting is required to be closed under Subsection (2).
(2) The following meetings shall be closed:
(a) a meeting of the Health and Human Services Interim Committee to review a fatality review report described in Subsection 62A-16-301(1)(a), and the responses to the report described in Subsections 62A-16-301(2) and (4); and
(b) a meeting of the Child Welfare Legislative Oversight Panel to:
(i) review a fatality review report described in Subsection 62A-16-301(1)(a), and the responses to the report described in Subsections 62A-16-301(2) and (4); or
(ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5).
(3) A public body may not interview a person applying to fill an elected position in a closed meeting.
