1. (1) Except as provided under Subsection (6), if a public body closes a meeting under Subsection 52-4-205(1), the public body:

   1. (a) shall make a recording of the closed portion of the meeting; and
   2. (b) may keep detailed written minutes that disclose the content of the closed portion of the meeting.
2. (2) A recording of a closed meeting shall be complete and unedited from the commencement of the closed meeting through adjournment of the closed meeting.

3. (3) The recording and any minutes of a closed meeting shall include:

   1. (a) the date, time, and place of the meeting;
   2. (b) the names of members present and absent; and
   3. (c) the names of all others present except where the disclosure would infringe on the confidentiality necessary to fulfill the original purpose of closing the meeting.
4. (4) Minutes or recordings of a closed meeting that are required to be retained permanently shall be maintained in or converted to a format that meets long-term records storage requirements.

5. (5) A recording, transcript, report, and written minutes of a closed meeting are protected records under Title 63G, Chapter 2, Government Records Access and Management Act, except that the records:

   1. (a) may be disclosed under a court order only as provided under Section 52-4-304; and
   2. (b) shall be disclosed, upon request, to the Office of the Legislative Auditor General under Section 36-12-15.

6. (6) If a public body closes a meeting exclusively for the purposes described under Subsection 52-4-205(1)(a), (1)(f), or (2):

   1. (a) the person presiding shall sign a sworn statement affirming that the sole purpose for closing the meeting was to discuss the purposes described under Subsection 52-4-205(1)(a),(1)(f), or (2); and
   2. (b) the provisions of Subsection (1) of this section do not apply.

Amended by Chapter 21, 2023 General Session