Created:
Modified: 19 May 2021
Approved: 9 Feb 2022
Source: USBA

Board Meetings

Recordings and Minutes

Open Meeting Recording and Minutes—

Written minutes and a recording shall be kept of all open board meetings except site visits or traveling tours where no vote or action is taken by the Board, for which only written minutes shall be kept.

Written minutes shall include:

1. The date, time and place of the meeting;
2. The names of the members present and absent;
3. The substance of all matters proposed, discussed, or decided by the Board, which may include a summary of comments by Board members;
4. A record, by individual member, of each vote taken;
5. The name of each person who is not a Board member who, after being recognized by the presiding Board member, presented testimony or comments to the Board and a brief summary of their testimony or comments;
6. Any other information that is a record of the proceedings of the meeting that any member requests be entered in the recording and minutes.

The requirement that the written minutes include the substance of Board discussion and of public comments may be satisfied by maintaining a publicly available online version of the minutes which includes a link to that portion of the meeting recording which relates to the discussion or comments.

The recording shall be a complete and unedited recording of all open portions of the meeting from the commencement of the meeting until the meeting’s adjournment, and shall be labeled or identified with the date, time, and place of the meeting. If the meeting is a public hearing under the Transparency of Ballot Propositions Act, the recording must be digital.

Utah Code § 52-4-203(1), (2), (3) (2021)

Utah Code § 59-1-1605(4) (2016)

Approval of and Availability of Minutes and Recordings of Board meetings—

The recording of an open board meeting is a public record and shall be available to the public for listening within three business days after the end of the meeting. If the meeting is a public hearing under the Transparency of Ballot Propositions Act, the digital recording must also be made available on the District’s website within this time period.

Utah Code § 52-4-203(g)(iii) (2021)

Utah Code § 59-1-1605(4)(b)(i) (2016)

The written minutes of an open board meeting are public records. The Board shall establish and implement procedures for correction of and formal approval of meeting minutes. Prior to approval, the minutes are considered “pending minutes.” Pending minutes shall be made available to the public within a reasonable time after the meeting. Upon formal approval by the Board, the written minutes of the meeting shall be the official record of the actions taken at the meeting. Approved minutes and any public materials distributed at the meeting that the minutes relate to shall be made available to the public within three business days after they are approved by the Board by (1) making them available at the District office, (2) posting them on the District’s website, and (3) by either posting the minutes and materials on the Utah Public Notice website or posting a link on the Utah Public Notice website which can be used to access the minutes and materials on the District website or another website.

Utah Code § 52-4-203(g) (2021)

Pending minutes of a board meeting shall include the following notice in prominent, easily visible type: “These minutes have not yet been formally approved by the Board of Education and until such formal approval are subject to change.”

Utah Code §52-4-203(4)(c) (2021)

Closed Meeting Recording and Minutes—

Except when the reason for closing the meeting is the discussion of personal information (the character, professional competence, or health of an individual) or security issues, as specified in Policy BEC, a recording shall be kept of all closed meetings and written minutes may be kept of closed meetings. Such recordings, and any minutes shall include:

1. The date, time and place of the meeting;
2. The names of members present and absent; and
3. The names of all others present except where such disclosure would compromise the confidential nature of the issues being discussed or otherwise infringe the privacy rights of the others present.

When kept, recordings of closed meetings shall be complete and unedited recordings of all portions of the closed meeting, and shall be labeled or identified with the date, time, and place of the closed meeting.

Where a meeting is closed for the purpose of discussing either security issues or the character, professional competence, or health of an individual, as specified in Policy BEC, the meeting shall not be recorded and no minutes shall be kept.

Utah Code § 52-4-206 (2018)

No Secret Ballot—

No vote shall be taken by secret ballot.

Utah Code § 52-4-203(2)(a)(iv) (2021)

Closed Meeting Recordings and Minutes are Protected—

All recordings, minutes, and reports of closed meetings are hereby designated as “Protected Records” under the Government Records Access Management Act.

Utah Code § 52-4-206(5) (2018)

Utah Code § 63G-2-101 et seq.