Rule 2-104. Recording meetings.

Intent:

To provide a formal method for memorializing Council meetings.

To regulate public access to such records.

Applicability:

This rule shall apply to all meetings of the Council.

Statement of the Rule:

(1) Except as provided in Rule 2-103(5)(B), the administrative office of the courts shall make an audio recording of all open and closed Council meetings, and the administrative office of the courts shall prepare minutes of all open Council meetings. The recording is a verbatim record of what is said during the meeting. The minutes shall include:

(1)(A) the date, time, and place of the meeting;

(1)(B) the names of members present, in person or by electronic communication, the names of members absent and the names of staff and guests who testify to the Council;

(1)(C) the substance of all matters proposed, discussed, or decided;

(1)(D) the substance of the testimony of guests and the reports of staff or a summary reference to such testimony or report if a copy thereof is filed with the minutes;

(1)(E) a record of the vote taken on any question, and, if the vote is a roll call vote, a record of the vote of individual members by name;

(1)(F) the reason for holding a closed meeting; and

(1)(G) any other information that any member requests be entered in the minutes.

(2)(A) The audio recording of a closed meeting is a protected record. The audio recording of an open meeting is a public record. Minutes of an open meeting awaiting approval by the Council are a public record. The approved minutes of an open meeting are a public record.

(2)(B) Minutes awaiting approval by the Council shall be clearly identified as “unapproved” and made available within 30 days after the meeting to which they pertain. The approved minutes of an open meeting are a permanent record. The audio recording of a public meeting may be destroyed 90 days after the Council approves the minutes. The audio recording of a closed meeting may be destroyed 90 days after the matter to which it pertains is moot.

(3) The administrative office of the courts shall post on the Utah Public Notice Website:

(3)(A) the audio recording of a public meeting within three days after the meeting;

(3)(B) public records distributed at a public meeting, including public records distributed to Council members before the meeting, within three days after the meeting; and

(3)(C) the approved minutes of a meeting within three days after approval.