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Rule 2-103. Open and closed meetings.

 

Intent:

To establish theCouncil's responsibility for providing public notice of its meetings and toensure the opportunity for public attendance at Council meetings.

 

To establish proceduresconsistent with the philosophy of the Utah Open and Public Meetings Act.

 

To provide the Councilwith sufficient flexibility to close meetings when discussing matters of asensitive nature.

 

Applicability:

This rule shall apply toall meetings of the Council.

 

Statement of the Rule:

(1) Definitions. As used in this rule "meeting" means thegathering of a quorum of the Council, whether in person or by means ofelectronic communication, for the purpose of discussing or acting upon anymatter over which the Council has jurisdiction, but does not include a chanceor social meeting of Council members.

 

(2) Public notice of meetings.

 

(2)(A) After the Councilhas set its annual meeting schedule, the administrative office of the courtsshall publish on the court?s website and on the Utah Public Notice Website thedate, time and place of the meetings. At least 24 hours before each meeting,the administrative office of the courts shall post on the websites the meetingagenda and notify at least one newspaper of general circulation within thestate of the postings. The administrative office of the courts shall notify amedia agency of the postings by email upon request for routine notice. TheCouncil may address a matter not on the meeting agenda but will take no finalaction on the matter.

 

(2)(B) When, due tounforeseen circumstances, it is necessary for the Council to consider mattersof an urgent nature, the requirement of public notice may be suspended and thebest notice practicable given. No such meeting of the Council shall be held unless:

 

(2)(B)(i) an attempt has been made to notify all members;

 

(2)(B)(ii) at least a quorum is present; and

 

(2)(B)(iii) a majority of those present vote to hold the meeting.

 

(3) Open meetings. Meetings of the Council are open to the publicunless closed as provided in this rule.

 

(4) Reasons for closed meetings. A closed meeting of the Council may beheld for discussions regarding any of the following:

 

(4)(A) the character, professional competence, or physical ormental health of an individual;

 

(4)(B) collective bargaining or litigation;

 

(4)(C) the purchase,exchange or lease of real property if public discussion of the transactionwould disclose the appraisal or estimated value of the property underconsideration or prevent the Council from completing the transaction on thebest possible terms;

 

(4)(D) the sale of real property if:

 

(4)(D)(i) public discussion of the transaction would disclose theappraisal or estimated value of the property under consideration or prevent theCouncil from completing the transaction on the best possible terms;

 

(4)(D)(ii) the Council has previously given public notice that theproperty would be offered for sale; and

 

(4)(D)(iii) the terms of the sale are publicly disclosed before theCouncil approves the sale;

 

(4)(E) deployment of security personnel or devices;

 

(4)(F) allegations of criminal misconduct; or

 

(4)(G) consideration of a private, protected, sealed, juvenilecourt social, juvenile court legal, or safeguarded record as defined in Rule4-202.02.

 

(5) Procedure for closing a meeting.

 

(5)(A) A closed meetingmay be held only upon the affirmative vote of two-thirds of the members presentat an open meeting for which public notice is given, provided a quorum ispresent.

 

(5)(B) The recording andminutes otherwise required by Rule 2-104 shall not be made if a meeting isclosed to discuss the character, competence, or physical or mental health of anindividual or to discuss the deployment of security personnel or devices. Thepresiding officer shall sign a sworn statement, which is a public record,affirming that the sole purpose for closing the meeting is to discuss the character,competence, or physical or mental health of an individual or the deployment ofsecurity personnel, devices, or systems.

 

(6) Limit on actions at a closed meeting. No contract, appointment,rule or resolution may be approved at a closed meeting. A contract,appointment, rule or resolution approved at an open meeting may be based upondiscussions had at a closed meeting.

 

(7) Limit on discussions outside of closed meeting. No one who attendsa closed meeting may disclose information discussed or materials distributedoutside of the closed meeting except with

 

(7)(A) others who participated in the closed meeting, and

 

(7)(B) a member of theJudicial Council.

 

(8) Right of removal. All or any part of an open meeting may berecorded by any person in attendance, provided the recording does not interferewith the conduct of the meeting. The Council may order the removal of anyperson who disrupts a meeting.

 

(9) Training. The administrative office of the courts shall annuallytrain the members of the Council on the requirements of this rule and of Rule2-104.

 

Effective November 1, 2021