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Commission moves into closed session to discuss pending litigation under Utah statute

Davis County Commission · December 3, 2024
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Summary

An unidentified member of the Davis County Commission moved Dec. 3 to convene a closed session under Utah Code Annotated 52-4-205(c) to discuss pending or reasonably imminent litigation; the motion was seconded, an "Aye" was recorded, and the open meeting was adjourned to 9:50 a.m.

The Davis County Commission moved into a closed session on Dec. 3 to discuss pending or reasonably imminent litigation under Utah Code Annotated 52-4-205(c). An unidentified speaker said, "I move that we go into closed session, permitted by Utah code annotated 52-4-205(c) to discuss pending or reasonably imminent litigation." The motion was seconded and the assembly responded "Aye."

The motion did not include an identified mover or recorded roll-call votes in the public transcript; the minutes show only a second and a collective "Aye." The commission briefly returned to open session and adjourned the open meeting to 9:50 a.m. No further public details about the subject of the litigation were given on the record.

Attendees introduced themselves at the start of the meeting. Those who identified themselves on the public record included Jesse Turner (clerk's office), Brian McKenzie (county clerk), Curtis Coppler (role not specified), Chris Bone (human resources and risk), Commissioners Ryan Daley and Lorraine Kamalu, Kent Anderson and Jeff Wheeler (CED), Lane Rose (Facilities), Chris Westover and Dave Hanson (Western Sports Park), Chapel Shell (Farmington City), Sean Office (role not specified), and Emily Lewis (attorney, participating online). The transcript does not tie the closed-session motion to any specific agenda item beyond the statutory citation.

The statutory basis cited on the record, Utah Code Annotated 52-4-205(c), authorizes a public body to hold a closed session to discuss pending or reasonably imminent litigation. The public record provided in the transcript contains only the motion language, a second, and an "Aye"; it does not record votes by individual named commissioners or further explanation of the litigation topic.

No public testimony, documents, or additional motions related to the litigation issue were presented in the portions of the meeting captured in the transcript. The commission did not state a date or time for any public follow-up on the subject in the public record.