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Rule 2-104. Recording meetings.


To provide aformal method for memorializing Council meetings.

To regulatepublic access to such records.


This rule shallapply to all meetings of the Council.

Statement ofthe Rule:

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

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

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

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

(1)(D) thesubstance of the testimony of guests and the reports of staff or a summaryreference to such testimony or report if a copy thereof is filed with theminutes;

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

(1)(F) thereason for holding a closed meeting; and

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

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

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

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

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

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

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