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.