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title-52•Title 52 — Public Officers
If a public officer is required to obtain crime insurance but the requirement does not specify the beneficiary of the insurance policy, the policy shall specify the beneficiary as:
(1) the state, if the public officer is a state officer;
(2) the county, if the public officer is a county, precinct, or district officer;
(3) the city or town, if the public officer is a municipal officer; or
(4) the board of education, if the public officer is a school officer.
(1) Unless otherwise provided in statute, if a state officer or an official of a state institution is required to obtain crime insurance in favor of the state, the state officer or executive director of the state institution shall:
(a) ensure that the crime insurance policy is obtained as required by statute; and
(b) keep proof of insurance on file at the administrative office of the:
(i) state officer or the state institution; or
(ii) Division of Risk Management.
(2) A state official shall file the state official's oath of office with the Division of Archives and Records Service created under Section 63A-12-101.
Official oaths and proof of crime insurance relating to county, precinct and district officers shall be filed with the county clerk, except those of the county clerk which shall be filed with the county treasurer.
Official oaths and proof of crime insurance relating to city officers shall be filed with the city recorder, except those of the city recorder which shall be filed with the city treasurer.
Official oaths and proof of crime insurance relating to town officers shall be filed with the town clerk, except those of the town clerk which shall be filed with the town treasurer.
Official oaths and proof of crime insurance relating to school district officers shall be filed with the clerk of the board of education, except those of the clerk which shall be filed with the treasurer of the board of education.
To the extent possible, crime insurance of all civil officers shall also cover duties required by laws passed subsequent to taking office.
(1) In all cases where a bond is required of a public officer in this state to ensure against malfeasance or misfeasance in office, crime insurance shall instead be obtained.
(2) Crime insurance and the amount of coverage required is subject to approval as provided by law.
(3) The several boards, courts, or officers authorized by law to approve crime insurance may require review and update of the insurance annually.
(4) Intentional failure to obtain and maintain required crime insurance is malfeasance in office and may subject the officeholder to proceedings for removal from office.
When an individual elected or appointed to any office of the state or any of the state's political subdivisions, fails to qualify for the office within 60 days after the date of the beginning of the term of office for which the individual is elected or appointed, the office is vacant and shall be filled as provided by law.
(1) As used in this chapter:
(a) "Appointee" means an employee whose salary, wages, pay, or compensation is paid from public funds.
(b) "Chief administrative officer" means the person who has ultimate responsibility for the operation of the department or agency of the state or a political subdivision.
(c) "Household member" means a person who resides in the same residence as the public officer.
(d) "Public officer" means a person who holds a position that is compensated by public funds.
(e) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
(2)
(a) A public officer may not employ, appoint, or vote for or recommend the appointment of an appointee when the appointee will be directly supervised by a relative or household member, unless:
(i) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of the appointee's compliance with civil service or merit system laws or regulations;
(ii) the appointee will be compensated from funds designated for vocational training;
(iii) the appointee will be employed for a period of 12 weeks or less;
(iv) the appointee is a volunteer as defined by the employing entity; or
(v) the chief administrative officer determines that the appointee is the only or best person available, qualified, or eligible for the position.
(b) A public officer may not directly supervise an appointee who is a relative or household member of the public officer, unless:
(i) the appointee was appointed or employed before the public officer assumed the public officer's supervisory position, if the appointee's appointment did not violate the provisions of this chapter in effect at the time of the appointee's appointment;
(ii) the appointee is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of the appointee's compliance with civil service or merit system laws or regulations;
(iii) the appointee will be compensated from funds designated for vocational training;
(iv) the appointee will be employed for a period of 12 weeks or less;
(v) the appointee is a volunteer as defined by the employing entity;
(vi) the appointee is the only person available, qualified, or eligible for the position; or
(vii) the chief administrative officer determines that the public officer is the only individual available or best qualified to perform supervisory functions for the appointee.
(c) When a public officer supervises a relative or household member under Subsection (2)(b):
(i) the public officer shall immediately submit a complete written disclosure of the public officer's relationship with the relative or household member:
(A) for a public officer subject to the requirements of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, in the same manner the public officer is required to make a disclosure under Section 67-16-7;
(B) for a public officer subject to the requirements of Title 17, Chapter 70, Part 5, Disclosure Duties Applicable to All County Officers, in the same manner the public officer is required to make a disclosure under Section 17-70-505; and
(C) for a public officer subject to the requirements of Title 10, Chapter 3, Part 13, Municipal Officers' and Employees' Ethics Act, in the same manner the public officer is required to make a disclosure under Section 10-3-1306; and
(ii) the public officer may not evaluate the job performance of or recommend salary increases for the relative or household member.
(d) A disclosure submitted under this Subsection (2) is public, and the person or entity with which the public officer files the disclosure shall make the disclosure available for public inspection.
(3) An appointee may not accept or retain employment if accepting or retaining employment will place the appointee under the direct supervision of a relative or household member unless:
(a) the relative or household member was appointed or employed before the appointee assumed the appointee's position, if the appointment of the relative or household member did not violate the provisions of this chapter in effect at the time of the appointment;
(b) the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of the appointee's compliance with civil service or merit system laws or regulations;
(c) the appointee is the only person available, qualified, or eligible for the position;
(d) the appointee is employed for a period of 12 weeks or less;
(e) the appointee is a volunteer as defined by the employing entity; or
(f) the chief administrative officer determines that the appointee's relative or household member is the only individual available or qualified to supervise the appointee.
Each day a relative or household member remains unlawfully in office in violation of this chapter is a separate offense.
Any person violating any of the provisions of this chapter is guilty of a class B misdemeanor.
(1) In a town, as defined in Section 10-1-104, this chapter shall not apply to the employment of uncles, aunts, nephews, nieces, or cousins.
(2) This chapter shall not apply to the employment of a relative if:
(a) fewer than 3,000 people live within 40 miles of the primary place of employment, measured over all weather public roads;
(b) the job opening has had reasonable public notice; and
(c) the relative is the best qualified candidate for the position.
(3) In any proceeding challenging the hiring of a relative under the exception in Subsection (2), the employer has the burden of establishing each of the criteria provided in Subsections (2)(a) through (c).
This chapter is known as the "Open and Public Meetings Act."
(1) The Legislature finds and declares that the state, its agencies and political subdivisions, exist to aid in the conduct of the people's business.
(2) It is the intent of the Legislature that the state, its agencies, and its political subdivisions:
(a) take their actions openly; and
(b) conduct their deliberations openly.
As used in this chapter:
(1) "Anchor location" means:
(a) the physical location where the public body conducting an electronic meeting under Section 52-4-207 normally conducts meetings of the public body; or
(b) a location other than the location described in Subsection (1)(a) that is reasonably as accessible to the public as the location described in Subsection (1)(a).
(2) "Capitol hill complex" means the grounds and buildings within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard in Salt Lake City.
(3) "Electronic meeting" means a meeting that some or all public body members attend through an electronic video, audio, or both video and audio connection, as provided in Section 52-4-207.
(4) "Fiduciary or commercial information" means information:
(a) related to any subject if disclosure:
(i) would conflict with a fiduciary obligation; or
(ii) is prohibited by insider trading provisions; or
(b) that is commercial in nature including:
(i) account owners or borrowers;
(ii) demographic data;
(iii) contracts and related payments;
(iv) negotiations;
(v) proposals or bids;
(vi) investments;
(vii) management of funds;
(viii) fees and charges;
(ix) plan and program design;
(x) investment options and underlying investments offered to account owners;
(xi) marketing and outreach efforts;
(xii) financial plans; or
(xiii) reviews and audits.
(5) "Meeting" means a gathering:
(a) of a public body or specified body;
(b) with a quorum present; and
(c) that is convened:
(i) by an individual:
(A) with authority to convene the public body or specified body; and
(B) following the process provided by law for convening the public body or specified body; and
(ii) for the express purpose of acting as a public body or specified body to:
(A) receive public comment about a relevant matter;
(B) deliberate about a relevant matter; or
(C) take action upon a relevant matter.
(6) "Participate" means the ability to communicate with all of the members of a public body, either verbally or electronically, so that each member of the public body can hear or observe the communication.
(7)
(a) "Public body" means:
(i) any administrative, advisory, executive, or legislative body of the state or its political subdivisions that:
(A) is created by the Utah Constitution, statute, rule, ordinance, or resolution;
(B) consists of two or more individuals;
(C) expends, disburses, or is supported in whole or in part by tax revenue; and
(D) is vested with the authority to make decisions regarding the public's business; or
(ii) any administrative, advisory, executive, or policymaking body of an association, as that term is defined in Section 53G-7-1101, that:
(A) consists of two or more individuals;
(B) expends, disburses, or is supported in whole or in part by dues paid by a public school or whose employees participate in a benefit or program described in Title 49, Utah State Retirement and Insurance Benefit Act; and
(C) is vested with authority to make decisions regarding the participation of a public school or student in an interscholastic activity, as that term is defined in Section 53G-7-1101.
(b) "Public body" includes:
(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 in accordance with Section 11-13-228;
(ii) a governmental nonprofit corporation as that term is defined in Section 11-13a-102;
(iii) the Utah Independent Redistricting Commission; and
(iv) a project entity, as that term is defined in Section 11-13-103.
(c) "Public body" does not include:
(i) a political party, a political group, or a political caucus;
(ii) a conference committee, a rules committee, a sifting committee, or an administrative staff committee of the Legislature;
(iii) a school community council or charter trust land council, as that term is defined in Section 53G-7-1203;
(iv) a taxed interlocal entity, as that term is defined in Section 11-13-602, if the taxed interlocal entity is not a project entity;
(v) the following Legislative Management subcommittees, which are established in Section 36-12-8, when meeting for the purpose of selecting or evaluating a candidate to recommend for employment, except that the meeting in which a subcommittee votes to recommend that a candidate be employed shall be subject to the provisions of this chapter:
(A) the Research and General Counsel Subcommittee;
(B) the Budget Subcommittee; and
(C) the Audit Subcommittee;
(vi) the highway designation review committee created in Section 72-4-402; or
(vii) a search committee that selects finalists for a position as an institution of higher education president under Section 53H-3-302.
(8) "Public statement" means a statement made in the ordinary course of business of the public body with the intent that all other members of the public body receive it.
(9) "Quorum" means a simple majority of the membership of a public body, unless otherwise defined by applicable law.
(10) "Recording" means an audio, or an audio and video, record of the proceedings of a meeting that can be used to review the proceedings of the meeting.
(11)
(a) "Relevant matter" means a matter that is within the scope of the authority of a public body or specified body.
(b) "Relevant matter" does not include, for a public body with both executive and legislative responsibilities, a managerial or operational matter.
(12) "Specified body":
(a) means an administrative, advisory, executive, or legislative body that:
(i) is not a public body;
(ii) consists of three or more members; and
(iii) includes at least one member who is:
(A) a legislator; and
(B) officially appointed to the body by the president of the Senate, speaker of the House of Representatives, or governor; and
(b) does not include a body listed in Subsection (7)(c)(ii), (7)(c)(v), or (7)(c)(vi).
(1) The presiding officer of the public body shall ensure that the members of the public body are provided with annual training on the requirements of this chapter.
(2) The presiding officer shall ensure that any training described in Subsection (1) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(1) A meeting is open to the public unless:
(a) closed under Sections 52-4-204, 52-4-205, and 52-4-206; or
(b) the meeting is solely for the School Activity Eligibility Commission, described in Section 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's eligibility to participate in an interscholastic activity, as that term is defined in Section 53G-6-1001, including the commission's determinative vote on the student's eligibility.
(2)
(a) A meeting that is open to the public includes a workshop or an executive session of a public body in which a quorum is present, unless closed in accordance with this chapter.
(b) A workshop or an executive session of a public body in which a quorum is present that is held on the same day as a regularly scheduled public meeting of the public body may only be held at the location where the public body is holding the regularly scheduled public meeting unless:
(i) the workshop or executive session is held at the location where the public body holds its regularly scheduled public meetings but, for that day, the regularly scheduled public meeting is being held at different location;
(ii) any of the meetings held on the same day is a site visit or a traveling tour and, in accordance with this chapter, public notice is given;
(iii) the workshop or executive session is an electronic meeting conducted according to the requirements of Section 52-4-207; or
(iv) it is not practicable to conduct the workshop or executive session at the regular location of the public body's open meetings due to an emergency or extraordinary circumstances.
(1) As used in this section, "local school board" means a board elected under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.
(2)
(a) A local school board holding a meeting that is open to the public under Section 52-4-201 shall allow a reasonable opportunity for the public to provide verbal comments that are germane to the authority of the local school board.
(b) Subsection (2)(a) does not apply to a meeting that is:
(i) a work session; or
(ii) an emergency meeting as described in Subsection 52-4-202(5).
(3) No later than July 1, 2023, a local school board shall adopt a written policy that provides a reasonable opportunity for the public to provide both verbal and written comments in a meeting of the local school board that:
(a) is open to the public; and
(b) is not a meeting described in Subsection (2)(b).
(4) The written policy described in Subsection (3) may limit public verbal and written comments to topics that are germane to the authority of the local school board.
(5) Public comment that complies with valid time, place, manner, and germaneness restrictions in accordance with Subsections (3) and (4) does not satisfy the element of criminal trespass described in Sections 63G-8-603 and 76-6-206 regarding an intent to cause annoyance.
(1)
(a)
(i) A public body shall give not less than 24 hours' public notice of each meeting.
(ii) A specified body shall give not less than 24 hours' public notice of each meeting that the specified body holds on the capitol hill complex.
(b) The public notice required under Subsection (1)(a) shall include the meeting:
(i) agenda;
(ii) date;
(iii) time; and
(iv) place.
(2)
(a) In addition to the requirements under Subsection (1), a public body which holds regular meetings that are scheduled in advance over the course of a year shall give public notice at least once each year of its annual meeting schedule as provided in this section.
(b) The public notice under Subsection (2)(a) shall specify the date, time, and place of the scheduled meetings.
(3)
(a) Subject to Subsection (3)(c), a public body or specified body satisfies a requirement for public notice by publishing the notice for the public body's jurisdiction, as a class A notice under Section 63G-30-102, for at least 24 hours.
(b) A public body whose limited resources make compliance with the requirement to post notice on the Utah Public Notice Website difficult may request the Division of Archives and Records Service, created in Section 63A-12-101, to provide technical assistance to help the public body in its effort to comply.
(c) A public body or specified body that is required, under this chapter and Section 63G-30-102, to post notice in a public location within the affected area may comply with the requirement by posting the notice in, on, or near:
(i) the anchor location for the meeting; or
(ii) the structure or other area where the meeting will be held.
(4) A public body and a specified body are encouraged to develop and use additional electronic means to provide notice of their meetings under Subsection (3).
(5)
(a) The notice requirement of Subsection (1) may be disregarded if:
(i) because of unforeseen circumstances it is necessary for a public body or specified body to hold an emergency meeting to consider matters of an emergency or urgent nature; and
(ii) the public body or specified body gives the best notice practicable of:
(A) the time and place of the emergency meeting; and
(B) the topics to be considered at the emergency meeting.
(b) An emergency meeting of a public body may not be held unless:
(i) an attempt has been made to notify all the members of the public body; and
(ii) a majority of the members of the public body approve the meeting.
(6)
(a) A public notice that is required to include an agenda under Subsection (1) shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting. Each topic shall be listed under an agenda item on the meeting agenda.
(b) Subject to the provisions of Subsection (6)(c), and at the discretion of the presiding member of the public body, a topic raised by the public may be discussed during an open meeting, even if the topic raised by the public was not included in the agenda or advance public notice for the meeting.
(c) Except as provided in Subsection (5), relating to emergency meetings, a public body may not take final action on a topic in an open meeting unless the topic is:
(i) listed under an agenda item as required by Subsection (6)(a); and
(ii) included with the advance public notice required by this section.
(7) Except as provided in this section, this chapter does not apply to a specified body.
(1) Except as provided under Subsection (7), written minutes and a recording shall be kept of all open meetings.
(2)
(a) Written minutes of an open meeting shall include:
(i) the date, time, and place of the meeting;
(ii) the names of members present and absent;
(iii) the substance of all matters proposed, discussed, or decided by the public body which may include a summary of comments made by members of the public body;
(iv) a record, by individual member, of each vote taken by the public body;
(v) the name of each person who:
(A) is not a member of the public body; and
(B) after being recognized by the presiding member of the public body, provided testimony or comments to the public body;
(vi) the substance, in brief, of the testimony or comments provided by the public under Subsection (2)(a)(v); and
(vii) any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.
(b) A public body may satisfy the requirement under Subsection (2)(a)(iii) or (vi) that minutes include the substance of matters proposed, discussed, or decided or the substance of testimony or comments by maintaining a publicly available online version of the minutes that provides a link to the meeting recording at the place in the recording where the matter is proposed, discussed, or decided or the testimony or comments provided.
(c) A public body that has members who were elected to the public body shall satisfy the requirement described in Subsection (2)(a)(iv) by recording each vote:
(i) in list format;
(ii) by category for each action taken by a member, including yes votes, no votes, and absent members; and
(iii) by each member's name.
(3) A recording of an open meeting shall:
(a) be a complete and unedited record of all open portions of the meeting from the commencement of the meeting through adjournment of the meeting; and
(b) be properly labeled or identified with the date, time, and place of the meeting.
(4)
(a) As used in this Subsection (4):
(i) "Approved minutes" means written minutes:
(A) of an open meeting; and
(B) that have been approved by the public body that held the open meeting.
(ii) "Electronic information" means information presented or provided in an electronic format.
(iii) "Pending minutes" means written minutes:
(A) of an open meeting; and
(B) that have been prepared in draft form and are subject to change before being approved by the public body that held the open meeting.
(iv) "Specified local public body" means a legislative body of a county, city, or town.
(v) "State public body" means a public body that is an administrative, advisory, executive, or legislative body of the state.
(vi) "State website" means the Utah Public Notice Website created under Section 63A-16-601.
(b) Pending minutes, approved minutes, and a recording of a public meeting are public records under Title 63G, Chapter 2, Government Records Access and Management Act.
(c) Pending minutes shall contain a clear indication that the public body has not yet approved the minutes or that the minutes are subject to change until the public body approves them.
(d) A public body shall require an individual who, at an open meeting of the public body, publicly presents or provides electronic information, relating to an item on the public body's meeting agenda, to provide the public body, at the time of the meeting, an electronic or hard copy of the electronic information for inclusion in the public record.
(e) A state public body shall:
(i) make pending minutes available to the public within 30 days after holding the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting:
(A) post to the state website a copy of the approved minutes and any public materials distributed at the meeting;
(B) make the approved minutes and public materials available to the public at the public body's primary office; and
(C) if the public body provides online minutes under Subsection (2)(b), post approved minutes that comply with Subsection (2)(b) and the public materials on the public body's website; and
(iii) within three business days after holding an open meeting, post on the state website an audio recording of the open meeting, or a link to the recording.
(f) A specified local public body shall:
(i) make pending minutes available to the public within 30 days after holding the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting, post and make available a copy of the approved minutes and any public materials distributed at the meeting, as provided in Subsection (4)(e)(ii); and
(iii) within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening.
(g) A public body that is not a state public body or a specified local public body shall:
(i) make pending minutes available to the public within a reasonable time after holding the open meeting that is the subject of the pending minutes;
(ii) within three business days after approving written minutes of an open meeting:
(A) post and make available a copy of the approved minutes and any public materials distributed at the meeting, as provided in Subsection (4)(e)(ii); or
(B) comply with Subsections (4)(e)(ii)(B) and (C) and post to the state website a link to a website on which the approved minutes and any public materials distributed at the meeting are posted; and
(iii) within three business days after holding an open meeting, make an audio recording of the open meeting available to the public for listening.
(h) A public body shall establish and implement procedures for the public body's approval of the written minutes of each meeting.
(i) Approved minutes of an open meeting are the official record of the meeting.
(5) All or any part of an open meeting may be independently recorded by any person in attendance if the recording does not interfere with the conduct of the meeting.
(6) The written minutes or recording of an open meeting that are required to be retained permanently shall be maintained in or converted to a format that meets long-term records storage requirements.
(7) Notwithstanding Subsection (1), a recording is not required to be kept of:
(a) an open meeting that is a site visit or a traveling tour, if no vote or action is taken by the public body; or
(b) an open meeting of a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, if the district's annual budgeted expenditures for all funds, excluding capital expenditures and debt service, are $50,000 or less.
(1) A closed meeting may be held if:
(a)
(i) a quorum is present;
(ii) the meeting is an open meeting for which notice has been given under Section 52-4-202; and
(iii)
(A) two-thirds of the members of the public body present at the open meeting vote to approve closing the meeting;
(B) for a meeting that is required to be closed under Section 52-4-205, if a majority of the members of the public body present at an open meeting vote to approve closing the meeting;
(C) for an ethics committee of the Legislature that is conducting an open meeting for the purpose of reviewing an ethics complaint, a majority of the members present vote to approve closing the meeting for the purpose of seeking or obtaining legal advice on legal, evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the complaint;
(D) for the Political Subdivisions Ethics Review Commission established in Section 63A-15-201 that is conducting an open meeting for the purpose of reviewing an ethics complaint in accordance with Section 63A-15-701, a majority of the members present vote to approve closing the meeting for the purpose of seeking or obtaining legal advice on legal, evidentiary, or procedural matters, or for conducting deliberations to reach a decision on the complaint;
(E) for a project entity that is conducting an open meeting for the purposes of determining the value of an asset, developing a strategy related to the sale or use of that asset;
(F) for a project entity that is conducting an open meeting for purposes of discussing 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
(G) for a project entity that is conducting an open meeting for purposes of discussing a record, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential competitor of, the project entity; or
(b)
(i) for the Independent Legislative Ethics Commission, the closed meeting is held for the purpose of conducting business relating to the receipt or review of an ethics complaint, if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of "conducting business relating to the receipt or review of ethics complaints";
(ii) for the Political Subdivisions Ethics Review Commission established in Section 63A-15-201, the closed meeting is held for the purpose of conducting business relating to the preliminary review of an ethics complaint in accordance with Section 63A-15-602, if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of "conducting business relating to the review of ethics complaints"; or
(iii) for the Independent Executive Branch Ethics Commission created in Section 63A-14-202, the closed meeting is held for the purpose of conducting business relating to an ethics complaint, if public notice of the closed meeting is given under Section 52-4-202, with the agenda for the meeting stating that the meeting will be closed for the purpose of "conducting business relating to an ethics complaint."
(2) A closed meeting is not allowed unless each matter discussed in the closed meeting is permitted under Section 52-4-205.
(3)
(a) An ordinance, resolution, rule, regulation, contract, or appointment may not be approved at a closed meeting.
(b)
(i) A public body may not take a vote in a closed meeting, except for a vote on a motion to end the closed portion of the meeting and return to an open meeting.
(ii) A motion to end the closed portion of a meeting may be approved by a majority of the public body members present at the meeting.
(4) The following information shall be publicly announced and entered on the minutes of the open meeting at which the closed meeting was approved:
(a) the reason or reasons for holding the closed meeting;
(b) the location where the closed meeting will be held; and
(c) the vote by name, of each member of the public body, either for or against the motion to hold the closed meeting.
(5) Except as provided in Subsection 52-4-205(2), nothing in this chapter shall be construed to require any meeting to be closed to the public.
(1) A closed meeting described under Section 52-4-204 may only be held for:
(a) except as provided in Subsection (3), 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, or to discuss a proposed development agreement, project proposal, or financing proposal related to the development of land owned by the state or a political subdivision, if public discussion 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 Section 52-4-204;
(j) as relates to the Independent Executive Branch Ethics Commission created in Section 63A-14-202, conducting business relating to an ethics complaint;
(k) as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404;
(l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed board of directors, discussing fiduciary or commercial information;
(m) deliberations, not including any information gathering activities, of a public body acting in the capacity of:
(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;
(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
(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;
(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;
(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:
(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
(ii) the public body needs to review or discuss the information to properly fulfill its role and responsibilities in the procurement process;
(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:
(i) public knowledge of the discussion would reasonably be expected to result in injury to the owner of the trade secret; and
(ii) discussion of the information is necessary for the governing board to properly discharge the board's duties and conduct the board's business;
(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;
(r) considering a loan application, if public discussion of the loan application would disclose:
(i) nonpublic personal financial information; or
(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;
(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;
(t) as it relates to the General Oversight Committee, discussing matters subject to litigation and whistleblower complaints as described in Subsection 36-35-102.5(3);
(u) a purpose for which a meeting is required to be closed under Subsection (2); or
(v) as it relates to the Spaceport Exploration Committee created in Section 72-10-1302, discussion of the committee with industry experts for the purpose of considering information that is designated as a trade secret, as defined in Section 13-24-2.
(2) The following meetings shall be closed:
(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);
(b) a meeting of the Child Welfare Legislative Oversight Panel to:
(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
(ii) review and discuss an individual case, as described in Section 36-33-103;
(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;
(d) a meeting of the Compassionate Use Board established in Section 4-41a-112 for the purpose of reviewing petitions for a medical cannabis card in accordance with Section 26B-1-421;
(e) a meeting of the Colorado River Authority of Utah if:
(i) the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system; and
(ii) failing to close the meeting would:
(A) reveal the contents of a record classified as protected under Subsection 63G-2-305(81);
(B) reveal a legal strategy relating to the state's claim to the use of the water in the Colorado River system;
(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
(D) give an advantage to another state or to the federal government in negotiations regarding the use of water in the Colorado River system;
(f) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
(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
(ii) failing to close the meeting would reveal the contents of a record classified as protected under Subsection 63G-2-305(82);
(g) a meeting of a project entity if:
(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:
(A) disclose the appraisal or estimated value of the project entity asset under consideration; or
(B) prevent the project entity from completing on the best possible terms a contemplated transaction concerning the project entity asset;
(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;
(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
(iv) failing to close the meeting would prevent the project entity from getting the best price on the market;
(h) a meeting of the General Oversight Committee to review and discuss:
(i) an individual child welfare case as described in Subsection 36-35-102(3)(c); or
(ii) information that is subject to a confidentiality agreement as described in Subsection 36-35-102(3)(c); and
(i) a meeting of the Legislative Management Committee to discuss a notice from the Office of the Attorney General provided in accordance with Section 63J-1-1005.
(3) In a closed meeting, a public body may not:
(a) interview a person applying to fill an elected position;
(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
(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.
(1) Except as provided under Subsection (6), if a public body closes a meeting under Subsection 52-4-205(1), the public body:
(a) shall make a recording of the closed portion of the meeting; and
(b) may keep detailed written minutes that disclose the content of the closed portion of the meeting.
(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) The recording and any minutes of a closed meeting shall include:
(a) the date, time, and place of the meeting;
(b) the names of members present and absent; and
(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) 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) 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:
(a) may be disclosed under a court order only as provided under Section 52-4-304; and
(b) shall be disclosed, upon request, to the Office of the Legislative Auditor General under Section 36-12-15.
(6) If a public body closes a meeting exclusively for the purposes described under Subsection 52-4-205(1)(a), (1)(f), or (2):
(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
(b) the provisions of Subsection (1) of this section do not apply.
(1) Except as otherwise provided for a charter school in Section 52-4-209, a public body may conduct a meeting that some or all members of the public body attend through an electronic video, audio, or both video and audio connection, in accordance with this section.
(2)
(a) A public body may not hold an electronic meeting unless the public body has adopted a resolution, rule, or ordinance governing the use of electronic meetings.
(b) A resolution, rule, or ordinance described in Subsection (2)(a) that governs an electronic meeting shall establish the conditions under which a remote member is included in calculating a quorum.
(c) A resolution, rule, or ordinance described in Subsection (2)(a) may:
(i) prohibit or limit electronic meetings based on budget, public policy, or logistical considerations;
(ii) require a quorum of the public body to:
(A) be present at a single anchor location for the meeting; and
(B) vote to approve establishment of an electronic meeting in order to include other members of the public body through an electronic video, audio, or both video and audio connection;
(iii) require a request for an electronic meeting to be made by a member of a public body up to three days prior to the meeting to allow for arrangements to be made for the electronic meeting;
(iv) restrict the number of separate connections for members of the public body that are allowed for an electronic meeting based on available equipment capability;
(v) if the public body is statutorily authorized to allow a member of the public body to act by proxy, establish the conditions under which a member may vote or take other action by proxy;
(vi) provide a procedure for recording votes of members, including defining circumstances under which a roll call vote is required; or
(vii) establish other procedures, limitations, or conditions governing electronic meetings not in conflict with this section.
(3) A public body that conducts an electronic meeting shall:
(a) give public notice of the electronic meeting in accordance with Section 52-4-202; and
(b) except as otherwise provided in a rule of the Legislature applicable to the public body, at least 24 hours before the electronic meeting is scheduled to begin, provide each member of the public body a description of how to connect to the meeting.
(4)
(a) Except as provided in Subsection (5), a public body that conducts an electronic meeting shall provide space and facilities at an anchor location for members of the public to attend the open portions of the meeting.
(b) A public body that conducts an electronic meeting may provide means by which members of the public may participate remotely by electronic means.
(5) Subsection (4)(a) does not apply to an electronic meeting if:
(a)
(i) the chair of the public body determines that:
(A) conducting the meeting as provided in Subsection (4)(a) presents a substantial risk to the health or safety of those present or who would otherwise be present at the anchor location; or
(B) the location where the public body would normally meet has been ordered closed to the public for health or safety reasons; and
(ii) the public notice for the meeting includes:
(A) a statement describing the chair's determination under Subsection (5)(a)(i);
(B) a summary of the facts upon which the chair's determination is based; and
(C) information on how a member of the public may participate in the meeting remotely by electronic means;
(b)
(i) during the course of the electronic meeting, the chair:
(A) determines that continuing to conduct the electronic meeting as provided in Subsection (4)(a) presents a substantial risk to the health or safety of those present at the anchor location; and
(B) announces during the electronic meeting the chair's determination under Subsection (5)(b)(i)(A) and states a summary of the facts upon which the determination is made; and
(ii) in conducting the electronic meeting, the public body has provided means by which members of the public who are not physically present at the anchor location may participate in the electronic meeting remotely by electronic means;
(c)
(i) the public body is a special district board of trustees established under Title 17B, Chapter 1, Part 3, Board of Trustees;
(ii) the board of trustees' membership consists of:
(A) at least two members who are elected or appointed to the board as owners of land, or as an agent or officer of the owners of land, under the criteria described in Subsection 17B-1-302(2)(b); or
(B) at least one member who is elected or appointed to the board as an owner of land, or as an agent or officer of the owner of land, under the criteria described in Subsection 17B-1-302(3)(b)(ii);
(iii) the public notice required under Subsection 52-4-202(3)(a) for the electronic meeting includes information on how a member of the public may participate in the meeting remotely by electronic means; and
(iv) the board of trustees allows members of the public to participate in the meeting remotely by electronic means;
(d)
(i) the public body is a special service district administrative control board established under Title 17D, Chapter 1, Part 3, Administrative Control Board;
(ii) the administrative control board's membership consists of:
(A) at least one member who is elected or appointed to the board as an owner of land, or as an agent or officer of the owner of land, under the criteria described in Subsection 17D-1-304(1)(a)(iii)(A) or (B), as applicable; or
(B) members that qualify for election or appointment to the board because the owners of real property in the special service district meet or exceed the threshold percentage described in Subsection 17D-1-304(1)(b)(i);
(iii) the public notice required under Subsection 52-4-202(3)(a) for the electronic meeting includes information on how a member of the public may participate in the meeting remotely by electronic means; and
(iv) the administrative control board allows members of the public to participate in the meeting remotely by electronic means; or
(e) all public body members attend the meeting remotely through an electronic video, audio, or both video and audio connection, unless the public body receives a written request, at least 12 hours before the scheduled meeting time, to provide for an anchor location for members of the public to attend in person the open portions of the meeting.
(6) A determination under Subsection (5)(a)(i) expires 30 days after the day on which the chair of the public body makes the determination.
(7) Compliance with the provisions of this section by a public body constitutes full and complete compliance by the public body with the corresponding provisions of Sections 52-4-201 and 52-4-202.
(8) Unless a public body adopts a resolution, rule, or ordinance described in Subsection (2)(c)(v), a public body that is conducting an electronic meeting may not allow a member to vote or otherwise act by proxy.
(1) Individuals constituting a quorum of a public body may not act together outside a meeting in a concerted and deliberate way to predetermine an action to be taken by the public body at a meeting on a relevant matter.
(2) Subsection (1) does not apply to an individual acting as a member of a body that is not a public body under Subsection 52-4-103(7)(c).
(1) Notwithstanding the definitions provided in Section 52-4-103 for this chapter, as used in this section:
(a) "Anchor location" means a physical location where:
(i) the charter school board would normally meet if the charter school board were not holding an electronic meeting; and
(ii) space, a facility, and technology are provided to the public to monitor and, if public comment is allowed, to participate in an electronic meeting during regular business hours.
(b) "Charter school board" means the governing board of a school created under Title 53G, Chapter 5, Charter Schools.
(c) "Meeting" means the convening of a charter school board:
(i) with a quorum who:
(A) monitors a website at least once during the electronic meeting; and
(B) casts a vote on a website, if a vote is taken; and
(ii) for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the charter school board has jurisdiction or advisory power.
(d) "Monitor" means to:
(i) read all the content added to a website by the public or a charter school board member; and
(ii) view a vote cast by a charter school board member on a website.
(e) "Participate" means to add content to a website.
(2)
(a) A charter school board may conduct an electronic meeting in accordance with Section 52-4-207.
(b) A charter school board may conduct an electronic meeting in accordance with this section that is in writing on a website if:
(i) the chair verifies that a quorum monitors the website;
(ii) the content of the website is available to the public;
(iii) the chair controls the times in which a charter school board member or the public participates; and
(iv) the chair requires a person to identify himself or herself if the person:
(A) participates; or
(B) casts a vote as a charter school board member.
(3) A charter school that conducts an electronic meeting under this section shall:
(a) give public notice of the electronic meeting:
(i) in accordance with Section 52-4-202; and
(ii) by posting written notice at the anchor location as required under Section 52-4-207;
(b) in addition to giving public notice required by Subsection (3)(a), provide:
(i) notice of the electronic meeting to the members of the charter school board at least 24 hours before the meeting so that they may participate in and be counted as present for all purposes, including the determination that a quorum is present;
(ii) a description of how the members and the public may be connected to the electronic meeting;
(iii) a start and end time for the meeting, which shall be no longer than 5 days; and
(iv) a start and end time for when a vote will be taken in an electronic meeting, which shall be no longer than four hours; and
(c) provide an anchor location.
(4) The chair shall:
(a) not allow anyone to participate from the time the notice described in Subsection (3)(b)(iv) is given until the end time for when a vote will be taken; and
(b) allow a charter school board member to change a vote until the end time for when a vote will be taken.
(5) During the time in which a vote may be taken, a charter school board member may not communicate in any way with any person regarding an issue over which the charter school board has jurisdiction.
(6) A charter school conducting an electronic meeting under this section may not close a meeting as otherwise allowed under this part.
(7)
(a) Written minutes shall be kept of an electronic meeting conducted as required in Section 52-4-203.
(b)
(i) Notwithstanding Section 52-4-203, a recording is not required of an electronic meeting described in Subsection (2)(b).
(ii) All of the content of the website shall be kept for an electronic meeting conducted under this section.
(c) Written minutes are the official record of action taken at an electronic meeting as required in Section 52-4-203.
(8)
(a) A charter school board shall ensure that the website used to conduct an electronic meeting:
(i) is secure; and
(ii) provides with reasonably certainty the identity of a charter school board member who logs on, adds content, or casts a vote on the website.
(b) A person is guilty of a class B misdemeanor if the person falsely identifies himself or herself as required by Subsection (2)(b)(iv).
(9) Compliance with the provisions of this section by a charter school constitutes full and complete compliance by the public body with the corresponding provisions of Sections 52-4-201 and 52-4-202.
Nothing in this chapter may be construed to restrict a member of a public body from transmitting an electronic message to other members of the public body at a time when the public body is not convened in a meeting.
This chapter does not prohibit the removal of any person from a meeting, if the person willfully disrupts the meeting to the extent that orderly conduct is seriously compromised.
(1)
(a) Any final action taken in violation of Section 52-4-201, 52-4-202, 52-4-207,52-4-208, or 52-4-209 is voidable by a court of competent jurisdiction.
(b) A court may not void a final action taken by a public body for failure to comply with the posting written notice requirements under Subsection 52-4-202(3)(a) if:
(i) the posting is made for a meeting that is held before April 1, 2009; or
(ii)
(A) the public body otherwise complies with the provisions of Section 52-4-202; and
(B) the failure was a result of unforeseen Internet hosting or communication technology failure.
(2) Except as provided under Subsection (3), a suit to void final action shall be commenced within 90 days after the date of the action.
(3) A suit to void final action concerning the issuance of bonds, notes, or other evidences of indebtedness shall be commenced within 30 days after the date of the action.
(4) In a suit under this section to void a final action in violation of Section 52-4-208, a court may award a prevailing plaintiff a reasonable attorney fee and costs.
(1) The attorney general and county attorneys of the state shall enforce this chapter.
(2) The attorney general shall, on at least a yearly basis, provide notice to all public bodies that are subject to this chapter of any material changes to the requirements for the conduct of meetings under this chapter.
(3) A person denied any right under this chapter may commence suit in a court of competent jurisdiction to:
(a) compel compliance with or enjoin violations of this chapter; or
(b) determine the chapter's applicability to discussions or decisions of a public body.
(4) The court may award reasonable attorney fees and court costs to a successful plaintiff.
(1) Notwithstanding the procedure established under Subsection 63G-2-202(7), in any action brought under the authority of this chapter to challenge the legality of a closed meeting held 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 without disclosing 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, or 52-4-206 regarding closed meetings, the judge shall publicly disclose or reveal from the recording or minutes of the closed meeting all information about the portion of the meeting that was illegally closed.
(3) Nothing in this section may be construed to affect the ability of a public body to reclassify a record, as defined in Section 63G-2-103, as provided in Section 63G-2-307.
In addition to any other penalty under this chapter, a member of a public body who knowingly or intentionally violates or who knowingly or intentionally abets or advises a violation of any of the closed meeting provisions of this chapter is guilty of a class B misdemeanor.
This chapter is known as the "Reimbursement of Legal Fees and Costs to Officers and Employees Act."
As used in this act:
(1) "Local attorney" means:
(a) a county attorney or district attorney, as described in Title 17, Chapter 68, County and District Attorney; or
(b) a city attorney under Section 10-3-928.
(2) "Officer or employee" means any individual who at the time of an event giving rise to a claim under this act is or was elected or appointed to or employed by a public entity, whether or not compensated, but does not include an independent contractor.
(3) "Public entity" means the state or any political subdivision of it or any office, department, division, board, agency, commission, council, authority, institution, hospital, school, college, university, or other instrumentality of the state or any such political subdivision.
(1) Except as provided in Subsection (3), and subject to Subsection (2), if a state grand jury indicts, or if an information is filed against, an officer or employee, in connection with or arising out of any act or omission of that officer or employee during the performance of the officer or employee's duties, within the scope of the officer or employee's employment, or under color of the officer or employee's authority, and that indictment or information is quashed or dismissed or results in a judgment of acquittal, unless the indictment or information is quashed or dismissed upon application or motion of the prosecuting attorney, that officer or employee is entitled to recover reasonable attorney fees and court costs necessarily incurred in the defense of that indictment or information from the public entity, unless the officer or employee is found guilty of substantially the same misconduct that formed the basis for the indictment or information.
(2) Except as provided in Subsection (3), if the officer or employee is acquitted of some of the charges or counts, or portions of the indictment or information are quashed or dismissed, that officer or employee is entitled to recover from the public entity reasonable attorney fees and court costs necessarily incurred in the defense of those charges, counts, or portions of the indictment or information that were quashed, dismissed, or resulted in a judgment of acquittal, unless the alleged misconduct covered by those charges, counts, or portions of the indictment or information that were quashed, dismissed, or resulted in a judgment of acquittal is substantially the same alleged misconduct that formed the basis for charges, counts, or portions of the indictment or information of which the officer or employee was found guilty.
(3) An officer or employee entitled to recover reasonable attorney fees and court costs under Subsection (1) or (2) in connection with the officer's or employee's position within a political subdivision, is entitled to recover all fees and costs from the state rather than the political subdivision, if:
(a) after the local attorney declines to pursue an indictment, or file an information, against the officer or employee, the attorney general obtains an indictment, or files an information, against the officer or employee;
(b) the alleged misconduct forming the basis of the indictment or information against the officer or employee is substantially similar to the facts or investigation results upon which the local attorney relied in deciding not to pursue an indictment, or file an information, against the officer or employee; and
(c) the attorney general pursued the indictment, or filed the information, against the officer or employee, for a reason other than that:
(i) the local attorney requested the attorney general's involvement in the prosecution of the officer or employee due to a conflict of interest; or
(ii) the local attorney lacked the resources or subject matter expertise to initiate or proceed with the prosecution of the officer or employee.
(4) An officer or employee who recovers under this section shall also be entitled to recover reasonable attorney fees and costs necessarily incurred by the officer or employee in recovering the attorney fees and costs allowed under this section, including attorney fees and costs incurred on appeal.
(5) Notwithstanding any other provision of this section, an officer or employee may not recover for the costs incurred in defense of any charge, count, or portion of the indictment or information that is quashed or dismissed upon application or motion of the prosecuting attorney.
(1) A request for reimbursement of attorney fees and court costs shall be filed in the manner provided in Sections 63G-7-902 and 63G-7-903.
(2)
(a) Any reimbursement of attorney fees and court costs filed on behalf of an officer or employee of the state shall be paid from funds appropriated to the department or division that employed the officer or employee at the time of the act or omission that gave rise to the indictment or information.
(b) If those funds are unavailable, the reimbursement shall be paid from the General Fund upon approval by the Board of Examiners and legislative appropriation.
This chapter is known as the "Public Officers' Attorney Fees Act."
As used in this chapter:
"Public officer" means a member of the Utah State Senate, a member of the Utah State House of Representatives, the governor, lieutenant governor, state auditor, state treasurer, attorney general, or any justice or judge of a court of record.
If any public officer is named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution, and that lawsuit is dismissed or results in a judgment in favor of the defendant, the public officer may, by complying with the requirements and procedures of this chapter, submit a claim to the state for reimbursement of the defendant's reasonable attorney fees and court costs necessarily incurred in the defense of that civil suit.
(1) From and after July 1, 1987, within 30 days after a public officer is served with a copy of the complaint, a public officer named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution shall provide the Legislative Management Committee and the legislative general counsel with the following information:
(a) a brief summary of the claims against him;
(b) the name of the attorney or law firm that will represent him;
(c) the estimated hourly fee that the attorney or law firm will charge for representing the public officer; and
(d) an estimate of the hours that the attorney projects are necessary to resolve the lawsuit.
(2)
(a) Unless prohibited by the rules governing the conduct of attorneys adopted by the Utah Supreme Court under the authority of Article VIII, Sec. 4 of the Utah Constitution, the Office of the Attorney General, the Office of Legislative Research and General Counsel, or the general counsel for the judicial branch shall represent a public officer named as a defendant in a civil suit that alleges a violation of Article V of the Utah Constitution if the Utah Constitution, statutes, or rules require that such representation be provided.
(b) If a public officer is represented by the Office of the Attorney General, the Office of Legislative Research and General Counsel, or the general counsel of the judicial branch under Subsection (2)(a), the public officer may not present a claim for attorney fees or court costs under this chapter.
The Board of Examiners may not review any claims submitted under the authority of this chapter.
(1) A public officer who meets the requirements of this chapter shall submit the public officer's claim for payment of attorney fees and court costs, and a copy of the bills that the public officer received from the attorney who represented him, to both the Office of the Legislative Fiscal Analyst and the Office of Legislative Research and General Counsel.
(2) Upon receipt of a claim from the public officer, the legislative fiscal analyst or the legislative general counsel may, at the direction of the Legislative Management Committee, submit the claim for attorney fees to an independent entity to review the attorney fees and to recommend an appropriate fee.
(3) In considering whether or not to pay the claim, the Legislature may consider whether or not there are other sources, including private sources, to pay the claim.
(4) The Legislature may pay the claim in full, adjust the claim, or refuse to pay the claim.
This chapter applies to any claim arising prior to the effective date of this chapter if that claim is filed with the Legislature within two years after the lawsuit was filed.
This chapter is known as "Reports and Notices."
As used in this chapter:
(1) "Attribution" means to be responsible for the truth, correctness, and accuracy of a report.
(2) "Chief executive officer" means:
(a) the governor, for the state;
(b) the chair of the county commission or the county executive, for a county; and
(c) the mayor, for a municipality, or if governed under a council-manager form of government, the chair of the council.
(3) "Government entity" includes the state, its agencies and institutions, each county, municipality, school district, special district, and special service district in Utah.
(4) "Promotional literature" means reports whose primary or secondary purpose is to provide nonresidents with information about the government entity that produced the report.
(5)
(a) "Report" means each account, statement, record of proceedings, summary of activities, and other written or printed document required by statute that is prepared or produced by a government entity that is distributed to the public.
(b) "Report" does not mean written or printed documents whose primary purpose is to provide biographical information about government officials.
(1) Except as provided in Subsection (2), a government entity may not include, as part of any report, the photograph or likeness of any elected official.
(2) A report may contain the photograph or likeness of the chief executive officer of a government entity if the report is promotional literature.
If an elected official's photograph or likeness appears on any report in violation of this section that was prepared under the authority or at the direction of the elected official, that elected official is personally liable for the cost of preparing and distributing the report.
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