Government & Rights
· Updated

Utah Open Meetings Act: Your Right to Attend and What to Do If a Meeting Is Closed

General information, not legal advice. Read the full disclaimer.

Short answer: Under the Utah Open and Public Meetings Act (Title 52, Chapter 4), a meeting of a public body is open to the public unless it is properly closed (Utah Code § 52-4-201). A public body must give at least 24 hours' public notice of each meeting, including the agenda, date, time and place, and the agenda must list topics with reasonable specificity (§ 52-4-202). A body may close a meeting only for specific purposes — such as discussing an individual's character, competence or health; collective bargaining strategy; pending or imminent litigation; property purchases or sales where public discussion would hurt the deal; security deployment; or investigations of criminal misconduct (§ 52-4-205). A body can't take final action on a topic in an open meeting unless the topic was listed on the agenda and included in the advance notice. A final action taken in violation of the openness and notice provisions is voidable by a court, and a suit to void it must be filed within 90 days after the action (30 days for bonds and other debt) (§ 52-4-302).

Who this guide is for

Residents who want to attend or speak at city council, county commission, school board, planning commission or similar meetings, and those who think a government body decided something improperly or secretly. General information, not legal advice. Records requests are a separate right: see How to Make a GRAMA Request.

Notice and agenda (§ 52-4-202)

  • 24 hours' notice minimum for each meeting, with agenda, date, time and place.
  • Bodies that hold regular meetings on a yearly schedule must publish their annual schedule at least once a year.
  • Notice is satisfied by posting on the Utah Public Notice Website (and in the location required) for at least 24 hours.
  • Emergency meetings can disregard the 24-hour rule if there are unforeseen circumstances of an emergency or urgent nature, best practicable notice is given of time, place and topics, all members are notified if possible, and a majority approves.
  • Agenda specificity: each topic must be listed under an agenda item. A topic raised by the public may be discussed at the presiding member's discretion, but final action requires the topic to have been on the agenda and in the notice (except emergencies).

What counts as a meeting

Meetings include workshops and executive sessions in which a quorum is present unless closed in accordance with the Act. A workshop or executive session held on the same day as a regular meeting must generally be at the same location (§ 52-4-201(2)).

When a meeting can be closed

A closed meeting may be held only for the purposes in § 52-4-205 (and must follow § 52-4-204's procedure, not reviewed here), including:

  • discussion of the character, professional competence, or physical or mental health of an individual;
  • collective bargaining strategy;
  • pending or reasonably imminent litigation strategy;
  • strategy about buying, exchanging or leasing property where public discussion would reveal value or prevent the best terms;
  • security deployment;
  • investigative proceedings on criminal misconduct;
  • certain procurement evaluations and other listed items.

A body that holds a closed meeting for a purpose the Act doesn't allow violates it.

Your remedies

  • Void the action. A final action taken in violation of the open-meeting, notice or electronic-meeting provisions is voidable in court; sue within 90 days (or 30 days for bonds/debt) (§ 52-4-302).
  • Attorney fees may be awarded to a prevailing plaintiff in suits under a specified provision (§ 52-4-302(4)).
  • Raise it at the meeting and in writing to the body's attorney or clerk; ask for the recording or minutes via a GRAMA request.
  • Contact the county or district attorney or the Attorney General if you believe the Act was knowingly violated; talk to a lawyer about what enforcement is available.

Tips for attending

  1. Check the Utah Public Notice Website or the agency site for agendas.
  2. Read the packet and sign up for public comment if offered. Rules on public comment vary by body and agenda item; ask the clerk.
  3. Record what happens and note the time of any closed session announcement.
  4. Follow up in writing and keep dates for the 90-day period.
  5. Need a lawyer? See How to Find Free or Low-Cost Legal Help in Utah.

Frequently asked questions

How much notice must Utah public bodies give?

At least 24 hours, with an agenda, date, time and place.

Can a city council vote on something not on the agenda?

Not final action in an open meeting, unless it was listed and noticed, except in an emergency meeting.

Can a meeting be closed to discuss any topic?

No. Only for the purposes the statute lists.

How long do I have to sue to void an action?

90 days after the action (30 days for bond-related actions).