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Rule 2-103. Open and closed meetings.

Intent:

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

To establishprocedures consistent with the philosophy of the Utah Open and Public MeetingsAct.

To provide theCouncil with sufficient flexibility to close meetings when discussing mattersof a sensitive nature.

Applicability:

This rule shallapply to all meetings of the Council.

Statement ofthe Rule:

(1)Definitions. As used in this rule "meeting" means the gathering of aquorum of the Council, whether in person or by means of electroniccommunication, for the purpose of discussing or acting upon any matter overwhich the Council has jurisdiction, but does not include a chance or socialmeeting of Council members.

(2) Publicnotice of meetings.

(2)(A) Afterthe Council has set its annual meeting schedule, the administrative office ofthe courts shall publish on the court?s website and on the Utah Public NoticeWebsite the date, time and place of the meetings. At least 24 hours before eachmeeting, the administrative office of the courts shall post on the websites themeeting agenda and notify at least one newspaper of general circulation withinthe state of the postings. The administrative office of the courts shall notifya media 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 to unforeseen circumstances, it is necessary for the Council to considermatters of an urgent nature, the requirement of public notice may be suspendedand the best notice practicable given. No such meeting of the Council shall beheld unless:

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

(2)(B)(ii) atleast a quorum is present; and

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

(3) Openmeetings. Meetings of the Council are open to the public unless closed asprovided in this rule.

(4) Reasons forclosed meetings.

A closedmeeting of the Council may be held for discussions regarding any of thefollowing:

(4)(A) thecharacter, professional competence, or physical or mental health of anindividual;

(4)(B)collective bargaining or litigation;

(4)(C) thepurchase, exchange or lease of real property if public discussion of thetransaction would disclose the appraisal or estimated value of the propertyunder consideration or prevent the Council from completing the transaction onthe best possible terms;

(4)(D) the saleof 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) theCouncil has previously given public notice that the property would be offeredfor sale; and

(4)(D)(iii) theterms of the sale are publicly disclosed before the Council 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, juvenile court social orjuvenile court legal record as defined in Rule 4-202.02.

(5) Procedurefor closing a meeting.

(5)(A) A closedmeeting may be held only upon the affirmative vote of two-thirds of the memberspresent at an open meeting for which public notice is given, provided a quorumis present.

(5)(B) Therecording and minutes otherwise required by Rule 2-104 shall not be made if ameeting is closed to discuss the character, competence, or physical or mentalhealth of an individual or to discuss the deployment of security personnel ordevices. The presiding officer shall sign a sworn statement, which is a publicrecord, affirming that the sole purpose for closing the meeting is to discussthe character, competence, or physical or mental health of an individual or thedeployment of security personnel, devices, or systems.

(6) Limit onactions at a closed meeting. No contract, appointment, rule or resolution maybe approved at a closed meeting. A contract, appointment, rule or resolutionapproved at an open meeting may be based upon discussions had at a closedmeeting.

(7) Limit ondiscussions outside of closed meeting. No one who attends a closed meeting maydisclose information discussed or materials distributed outside of the closedmeeting except with

(A) others whoparticipated in the closed meeting, and

(B) a member ofthe Judicial Council.

(8) Right ofremoval. All or any part of an open meeting may be recorded by any person inattendance, provided the recording does not interfere with the conduct of themeeting. The Council may order the removal of any person who disrupts ameeting.

(9) Theadministrative office of the courts shall annually train the members of theCouncil on the requirements of this rule and of Rule 2-104.