6/23/2022 - Meeting Materials Accessibility and Disability Commission
Salt Lake City Utah
Meeting Agenda
23 June 2022
3:00 PM
This meeting is a discussion among Commissioners and select presenters. The public is
welcome. Items scheduled may be moved or discussed during a different portion of the
meeting based on circumstances or availability of speakers.
This meeting will be hybrid. The Commission Meeting will have a physical location at the
City and County Building in the Cannon Room 335 and members of the public may
observe the meeting and/or provide public comment in-person at this location.
Commissioners and presenters may attend and participate either in-person or through
electronic means.
Public Meeting Rules: The Council's meetings are a place for people to feel safe and
comfortable in participating in their government. A respectful and safe environment allows
a meeting to be conducted in an orderly, efficient, effective, and dignified fashion, free
from distraction, intimidation, and threats to safety. To support a respectful meeting,
comments or items that disrupt the meeting, intimidate other participants or that may
cause safety concerns are not allowed.
1.Welcome
2.Open Dialogue (— 5 minutes):
During this portion of the meeting, Commissioners may raise topics and discuss current
events that may impact or influence the Commission's overall work, discussions, and
deliberations to provide recommendations to the Mayor and City Council regarding
accessibility and disability matters in Salt lake City. No action will be taken during this
section of the meeting. Matters discussed during this section of the meeting may be
scheduled on a subsequent agenda for follow-up, if desired.
3.Public Comment (limited to 15 minutes):
Attendees may be provided one or two minutes of time, determined by the number of
attendees and the time available as determined by the Commission. Please observe the
time limit stated at the beginning of the public comment period so everyone may have a
chance to speak.
Per the public meeting guidelines, keep comments free of discriminatory language
referring to a person or group based on their religion, ethnicity, nationality, race, color,
descent, gender, sexual orientation, disability, age, or other gender identity factor. Items or
comments that disrupt the meeting, intimidate other participants or that may cause safety
concerns are not allowed.
4.Approval of Minutes:
The Accessibility and Disability Commission has no minutes to approve this
meeting.
5.Approval and Adoption of Policies and Procedures (— 15 Minutes): Ashley
Lichtle, Board Manager
6.Chair and Vice Chair Elections (— 15 minutes): Ashley Lichtle, Board Manager
7.Commissioner Orientation: Government Records and Management Act Training
(— 30 minutes): Keith Reynolds, Deputy City Recorder— Records
8.City Updates (— 30 minutes): Ashley Lichtle, Board Manager
9.TENTATIVE Closed Session
The Commission will consider a motion to enter into a Closed Session. A closed meeting
described under Section 52-4-205 may be held for specific purposes including, but not
limited to:
a. discussion of the character, professional competence, or physical or mental
health of an individual;
b. strategy sessions to discuss pending or reasonably imminent litigation;
c. discussion regarding deployment of security personnel, devices, or systems;
and
d. investigative proceedings regarding allegations of criminal misconduct.
A closed meeting may also be held for lawful purposes that satisfy the pertinent
requirements of the Utah Open and Public Meetings Act.
CERTIFICATE OF POSTING
On or before 5.00 p.m. on June 22, 2022, the undersigned, duly appointed ADA
Coordinator, does hereby certify that the above notice and agenda was (1) posted on the
Utah Public Notice Website created under Utah Code Section 63F-1-701 , and (2) a copy
of the foregoing provided to The Salt Lake Tribune and/or the Deseret News and to a local
media correspondent and any others who have indicated interest.
ASHLEY LICHTLE
SALT LAKE MAYOR'S OFFICE
People with disabilities may make requests for reasonable accommodation, which may
include alternate formats, interpreters, and other auxiliary aids and services. Please make
requests at least two business days in advance. To make a request, please contact the
ADA Coordinator at ADA(aD_slcgov.com, 801-535-7739, or relay service 711.
Accessibility and Disability Commission Policies and Procedures
I. Creation
The Accessibility and Disability Commission (Commission) was created on February 15, 2022,
by the Salt Lake City Council.
A. Purpose. The Accessibility and Disability Commission was created to serve as an
advisor to the Mayor and City Council on how the City can improve and generally
enhance accessibility and the experience of the disability community through a
practice, systematic, and solution-based approach.
B. Powers and Duties.The powers and duties of the Commission, as specified by Salt
Lake City Code 10.07.100 (see Appendix A) include:
• Identify issues of importance to the accessibility and disability community and
provide information to the Mayor and City Council pertinent to those issues,
• Advise and assist the Mayor and City Council on issues affecting the accessibility and
disability community, and
• Evaluate City policies and practices and make recommendations on how to increase
access and participation among individuals with disabilities.
C. Sponsor Department. Office of the Mayor
D. Board Manager Title. ADA Coordinator
E. Advise. Mayor and City Council
II. Board Manager Role
The Office of the Mayor will provide a liaison to function as a manager and facilitator to assist
the Commission with technical support, internal and external communication, logistics, and
administration, and to provide advice to the Commission as requested.
The Board Manager will provide public notice of all regular and special meetings in
compliance with the Open Public Meetings Act, post materials to the Utah Public Notice
Database, and prepare and post meeting agendas and minutes.
The Board Manager will facilitate meetings to help ensure a safe and welcoming
environment where all Commissioners can participate and conduct meetings in a manner to
foster collaborative decision-making.
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III. Meetings
A. Frequency of Meetings.The Commission shall meet no less than once quarterly but is
expected to meet monthly.Annual meeting schedule shall be set at the first regular
meeting in January of each year. Meetings shall be conducted in accordance with the
operating procedures specified herein and any other applicable law.
B. Hybrid and Electronic Meetings.
• Level 1 Hybrid Meeting: Commissioners may participate electronically or in
person. The public must join in person at the designated anchor location.
• Level 2 Hybrid Meeting: Both Commissioners and the public may participate
either electronically or in person at the designated anchor location.
• When there is a determination from the Chair that having an anchor location
open to the public poses a substantial risk to the health or safety of those who
may be present or that the building where the anchor location is located is closed
to the public—a fully electronic meeting may be held in accordance with the law.
C. Use of Technology to Facilitate Hybrid and Electronic Meetings.
• The chat function available during an electronic meeting may be used as a
reasonable accommodation for individuals pursuant to the ADA. Any use of the chat
feature to converse with Commissioners shall be viewable by the public.
• The polling function will be used only to determine if Commissioners are readyfor
a formal vote or if more deliberation is needed.
• All electronic meetings will be recorded for transparency and accessibility.
IV. Membership and Term
A. Membership. The Commission is comprised of fifteen (15) members. There are no
alternate members. Members must be appointed by the Mayor with the advice and
consent of the City Council.
B. Terms. All terms began on February 18th, 2022, and are staggered to end either on
December 30th, 2024, or December 28th, 2026. All subsequent terms will be for 4 years.
C. Term Limits. A person may serve as a commissioner for up to, but not more
than, 8 years.
V. Voting
A. Quorum. A simple majority of the Commission—eight (8) Commissioners— is
required to conduct business. For purposes of determining whether a quorum is
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Accessibility and Disability Commission Policies and Procedures
present, all commissioners present shall be counted, including members who
may abstain from a particular vote. A particular commissioner is considered
present when they are physically present at the anchor location or are otherwise
connected to the meeting via electronic means and make their presence known.
B. Voting. Any action of the commission should be taken by majority vote of those
present. ffhe All commissioners may vote, including those who are present via
electronic means.
C. Subcommittees. Subcommittees require a quorum to conduct business.
Subcommittees will use majority voting. Only Commissioners may vote on
subcommittees.
D. Absentee Voting. Absentee voting is prohibited.
E. Proxy Voting. Proxy voting is prohibited.
VI. General Operating Procedures
A. Disclosure of Conflicts of Interest. Commissioners must comply with Chapter 2.44 of the
Salt Lake City Code (see Appendix B).
B. Public Participation. The Commission values public participation, involvement,
engagement, co-creation, and collaboration. Commissioners are encouraged to
engage community networks outside of publicmeetings. Information obtained
from those engagements should generally be brought back to the Commission for
discussion. There may be times when Commissioners choose not to disclose the
source of the information.
C. Public Meetings. Members of the public shall have the opportunity to comment
during designated time periods, subject to reasonable constraints. Comments
should be free of discriminatory language referring to a person or group based on
their religion, ethnicity, nationality, race, color, descent, gender, sexual
orientation, disability, age, or other gender identity factor. Items or comments
that disrupt the meeting, intimidate other participants or that may cause safety
concerns are not allowed.
The Commission may accept public comment when listed on the agenda in
accordance with the following:
• The Chair will call upon each attendee.
• Attendees will be provided two minutes to share a public comment or ask a question.
• People cannot combine their time so that one person may speak longer than others.
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Accessibility and Disability Commission Policies and Procedures
VII. Removal and Resignations
A. Removal Process. The Board Manager will keep meeting attendance records and inform
the Chair of any unexcused absences. Any Commissioner failing to attend two (2)
commission meetings without advanced notice in a calendar year shall be subject to
removal, consistent with Salt Lake City Code 2.07.090 (see Appendix Q. The commission
shall inform the Mayor. A commissioner may be removed by the Mayor for cause.
B. Resignation Process. Commissioners shall make a good faith effort to complete their
term. If a Commissionerdetermines it is not possible to complete their term, the
Commissioner shall submit a letter of resignation to the Board Manager and the Chair at
the earliest opportunity to avoid any interruptions to the Commission.
VIII. Officers and Subcommittees
There shall be selected by the Commission at their first regular meeting in January of each year,
or as soon as possible thereafter, a Chair and a Vice Chair. The selected Chair and Vice Chair
shall serve in that role for the calendar year. The presiding officer of the Commission is the
Chair. The Vice Chair will serve in the absence of the Chair or as otherwise directed by the
Chair. The Commission will use simple majority voting to nominate and appoint the Chair and
Vice Chair. There are no limits on how many times a commissioner may serve as the Chair
and/or Vice Chair.
Chair Responsibilities:
• Lead discussions and keep the Commission on time/task
• Collaborate with the Board Manager on meeting agendas
• Provide guidance on content and ideas to meet the Commission's goals
• Establish time limits on testimony by members of the public
• Provide direction to Board Manager in preparation for public meetings
• Provide feedback to Board Manager on a variety of issues
• Participate fully and equally as a member of the Commission
• Act as a Commission spokesperson
The Commission may divide its members into subcommittees authorized to act on behalf of the
full Commission for an assigned purpose. The Commission may engage non-Commissioners in
the work of subcommittees. Subcommittee meetings are also subject to Open Public Meetings
Act. For purposes of determining the outcome of a vote, a simple majority (fifty percent (50%)
plus one (1) of the number of seats) of the commission members present is required.
IX. Communications
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Accessibility and Disability Commission Policies and Procedures
Commissioners agree that transparency is essential to all information gathering, deliberations
and decision making.
• Interest Groups. Commissioners shall notify the Board Manager and the full
Commission of verbal communications with interest groups. Commissioners are
required to copy the Board Manager on all written communications from or to interest
groups commenting on the Commission's work.
• Media. Media inquiries to the Commission must first be directed to the Board
Manager. The Board Manager will work with the Chair, the Mayor's Office
Communications team, and any relevant City staff to determine a media response.
• Written Communications. All written communications between Commissioners and
the general public, interest groups and media will be retained by the Board Manager.
X. Public Meetings and Public Records
Meetings of the Commission and its subcommittees are open to the public and will be
conducted under provisions of the Open Public Meetings Act. The Board Manager will provide
at least twenty-four (24) hours' notice to the public regarding the dates, times, locations, and
principal subjects of all meetings. Commissioners can participate through telephone or other
electronic communication.
All records of the Commission will be retained and open to the public in accordance with
the PEE ernment Access and Management Act (GRAMA) and city retention policies (see
Appendix D).
XI. Amendment of Policies and Procedures
The Commission may vote to amend or repeal these Policies and Procedures.
Original policies and procedures created and reviewed by the Accessibility and Disability
Commission on May 26th, 2022, and June 141h, 2022.
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Accessibility and Disability Commission Policies and Procedures
CHAPTER 10.07
ACCESSIBILITY AND DISABILITY COMMISSION
SECTION:
10.07.010:General Provisions
10.07.020:Purpose And Goals
10.07.030:Definitions
10.07.040:Creation and Organization
10.07.050:Term
10.07.060:Vacancy
10.07.070:Eligibility For Membership
10.07.080:Compensation
10.07.090:Meetings
10.07.100:Powers and Duties
10.07.010:GENERAL PROVISIONS:
The provisions ofchapter 2.07 of this title shall apply to the accessibility and disability commission except as otherwise set forth in
this chapter.(Ord.5-22,2022)
10.07.020:PURPOSE AND GOALS:
The City of Salt Lake is comprised of diverse and varied groups,communities,and individuals,including people at all level of
abilities.The accessibility and disability commission shall serve as an advisor to the mayor and the council on how the City can
improve and generally enhance accessibility and the experience of the disability community through a practice,systematic,and
solution-based approach.(Ord.5-22,2022)
10.07.030:DEFINITIONS:
Unless otherwise specified,as used in this chapter:
CITY: Salt Lake City,a municipal corporation of the state of Utah.
COMMISSION: Salt Lake City accessibility and disability commission created in section
10.62.040 of this chapter.
COUNCIL: Salt Lake City Council.
DISABILITY: Has the same meaning as is defined by the Americans with Disabilities
Act of 1990,42 USC section 12102.
MAYOR: The duly elected or appointed and qualified mayor of Salt Lake City.
A person appointed by the mayor with the advice and consent of the
MEMBER: council who is duly qualified as an acting and voting member of the
commission.
NATIONAL ORIGIN: The place of birth of an individual or any lineal ancestors.
PERSON: An individual.(Ord.5-22,2022)
10.07.040:CREATION AND ORGANIZATION:
A. There is created the accessibility and disability commission which shall be composed of fifteen(15)members.
B. The Mayor shall appoint,with advice and consent of the Council,fifteen(15)members who represent a diverse range of
accessibility and disability community perspectives.Notwithstanding Section 2.07.040.B.1,one(1)of the fifteen(15)members shall
also be a member of the human rights commission.(Ord.5-22,2022)
10.07.050:TERM:
The term of members of the commission shall be as set forth in Section 2.07.050,except that the initial term of five(5)members of
the commission first appointed to the commission shall be for two(2)years to establish staggered terms.Each member's term shall
expire on the applicable last Monday in December.(Ord.5-22,2022)
10.07.060:VACANCY:
If a vacancy occurs for any reason before the member's term expires,the mayor,in exercising his or her discretion in making
appointments,shall take into consideration the existing representation on the commission.(Ord.5-22,2022)
10.07.070:ELIGIBILITY FOR MEMBERSHIP:
Each member of the commission shall either live,work,or own real property in Salt Lake City;own a business in Salt Lake City;or
be employed by or otherwise serve as a representative of an organization or government agency serving the accessibility or disability
community of Salt Lake City.Notwithstanding section 2.07.040.C,up to one member of the board shall be a city employee.(Ord.5-
22,2022)
10.07.080:COMPENSATION:
A member may receive reasonable compensation for their service as a commission member pursuant to applicable Salt Lake City
policies.In the event that a commission member serves in their capacity as an employee of the State of Utah or any other
governmental entity that commission member shall be ineligible to receive compensation.(Ord.5-22,2022)
10.07.090:MEETINGS:
The commission is expected to meet monthly but shall meet no less than once quarterly.The annual meeting schedule shall be set
at the first regular meeting in January of each year.(Ord.5-22,2022)
10.07.100:POWERS AND DUTIES:
A. The commission shall:
1. Identify issues of importance to the accessibility and disability community and provide information to the mayor and the
council pertinent to those issues;
2. Advise and assist the mayor and council on issues affecting the accessibility and disability community;and
3. Evaluate city policies and practices and make recommendations on how to increase access and participation among
individuals with disabilities.
B. Before making any recommendations to the mayor or the council,the Commission shall first share the recommendation with
the Human Rights Commission who may review the recommendation and issue a position of support or opposition to the
Commission's recommendation.
C. In addition to the powers and duties specified in this Section,the commission may review recommendations issued by the
human rights commission and issue a statement of support or opposition to recommendations of the human rights commission which
are relevant to the goals of the accessibility and disability commission.Positions of support or opposition issued pursuant to this
subpart need not be reviewed by the human rights commission.(Ord.5-22,2022)
CHAPTER 2.44
CONFLICT OF INTEREST
SECTION:
2.44.010:Purpose
2.44.020:Definitions
2.44.030:Disclosure And Disqualification
2.44.040:Prohibited Acts Designated
2.44.050:Disclosure Of Substantial Interest
2.44.060:Outside Employment
2.44.070:Transactions Involving The City
2.44.080:Accepting Or Making Gifts Prohibited
2.44.090:Gift Prohibition Exceptions
2.44.095:Grounds For Gift Acceptance Or Rejection
2.44.100:Gifts In Another's Name Prohibited
2.44.110:Reserved
2.44.120:Rejection And Return Of Gifts;Records
2.44.130:Public Contracts;Procurement
2.44.140:Employment Of Current And Former Public Servants
2.44.150:Negotiating Employment
2.44.160:Coercion Of Business Or Contributions
2.44.170:Acquiring Interest In A Business Entity
2.44.180:Waivers;Determinations Of Nonapplicability
2.44.190:Clause In Contracts
2.44.200:Inducement To Violate Prohibited
2.44.210:Advisory Powers Of The City Attorney
2.44.220:Justifiable Reliance
2.44.230:Travel,Lodging,Or Entertainment Expenses;Reporting
2.44.240:Sanctions
2.44.250:Appeals
2.44.260:Voidable Transaction
2.44.270:Violation;Penalty
2.44.280:Misdemeanor To Knowingly File False Complaint
2.44.290:Procedure For Complaint Investigation
2.44.010:PURPOSE:
The purpose of this chapter is to prevent improper influence,avoid the appearance of impropriety,and prohibit public servants from
receiving unjust financial gain from public service.It also seeks to increase public confidence by assuring that governmental actions
are taken ethically and in compliance with all applicable procedures.It is the objective of this chapter to promote these goals by
establishing ethical standards of conduct for all officers and employees of the city,including volunteers.(Ord.11-11,2011)
2.44.020:DEFINITIONS:
For the purposes of this chapter,unless otherwise apparent from the context,certain words and phrases used in this chapter are
defined as follows:
ASSIST:To act,or offer or agree to act,in such a way as to help,represent,aid,advise,furnish information to,or otherwise provide
assistance to a person or business entity,believing that such action is of help,aid,advice,or assistance to such person or business
entity and done with the intent to so assist such person or business entity.
BLIND TRUST:An independently managed trust in which the public servant-beneficiary or volunteer public servant-beneficiary has
no management rights and in which the public servant-beneficiary or volunteer public servant-beneficiary is not given notice of
alterations in,or other dispositions of,the property subject to the trust.
BUSINESS ENTITY:A sole proprietorship,partnership,association,joint venture,corporation,limited liability company,firm,trust,
foundation,or other organization or entity used in carrying on a business.
CITY REGULATED BUSINESS ENTITY:Any business entity for which the city issues a license or regulates pursuant to any city
ordinance or statute.
COMPENSATION:Anything of economic value,however designated,which is paid,loaned,granted,given,donated,or transferred
to any person or business entity by anyone other than the city for or in consideration of personal services,materials,property,or any
other consideration whatsoever,including any forbearance.
COMPLAINT:Any complaint filed against any public servant or volunteer public servant which alleges that the public servant or
volunteer public servant violated this chapter.
CORRUPTLY:Any act done with wrongful intent and for the purpose of obtaining or receiving any financial or professional benefit or
detriment resulting from some act or omission of a public servant or volunteer public servant that is inconsistent with the proper
performance of his or her public duties.
ECONOMIC BENEFIT TANTAMOUNT TO A GIFT:Includes:
A. Any loan at an interest rate that is substantially lower than the commercial rate then currently prevalent for similar loans;or
B. Compensation received for private services rendered at a rate substantially exceeding the fair market value of the services.
ELECTED OFFICER:Any person elected or appointed to hold the office of mayor or city council member.
FINANCIAL INTEREST:A.To possess a substantial interest,or
B. To hold a position in a business entity as an officer,director,trustee,partner,or employee or hold any position of management
in a business entity.
GIFT:Any gratuity,favor,discount,entertainment,hospitality,loan,forbearance,economic benefit tantamount to a gift,or other item
having monetary value,unless consideration of equal or greater value is received.The term does not include a parking pass or free
parking:a)for a parking lot if the parking lot is owned by the city;or b)for a parking lot that is not owned by the city,when used for
official city business.The term includes gifts of services,training,transportation,lodging,and meals,whether provided in-kind,by
purchase of a ticket,payment in advance,or reimbursement after the expense has been incurred.The term"gift"is subject to the
following:
A. Gifts To Relatives Or Others,Attributable To Elected Officer Or Municipal Employee:A gift to a relative of an elected officer or
municipal employee,or a gift to any other individual based on that individual's relationship with the elected officer or municipal
employee,shall be considered a gift to the elected officer or municipal employee,if:1)given with the knowledge and acquiescence
of the elected officer or municipal employee,and 2)the elected officer or municipal employee knows,or with the exercise of
reasonable care should know,that it was given because of the official position of the elected officer or municipal employee.
B. Food Or Refreshment Provided To Dependents:If food or refreshment is provided at the same time and place to both a public
servant or volunteer public servant and the spouse,adult designee or dependent thereof,only the food or refreshment provided to
the public servant or volunteer public servant shall be treated as a gift for purposes of this chapter.
GOVERNMENTAL ACTION:Any official action on the part of the city,including,but not limited to:
A. Any decision,determination,finding,ruling,or order;
B. Any grant,payment,award,license,contract,subcontract,transaction,decision,sanction,or approval,or the denial thereof,or
the failure to act in respect thereto;or
C. Any legislative,administrative,appointive or discretionary act of any public servant or volunteer public servant.
GRANT OF HOSPITALITY OR GESTURE OF FRIENDSHIP:Any grant of lodging,food,or travel expenses,including the grant of
gifts and remembrances such as birthday,holiday,or anniversary presents,given on the basis of personal friendship.
LEADERSHIP EXPENSE FUND:Any fund of money established to pay expenses of an elected officer incurred or to be incurred in
connection with the elected officer's official duties,including expenditures for:
A. Travel,lodging,food,or entertainment of a spouse,adult designee or other personal companion of the elected officer,if
accompanying the elected officer on travel involving official city business;
B. Flowers,cards,or remembrances for funerals,holidays or similar events;or
C. Charitable or eleemosynary gifts or activities clearly disclosed by the elected officer.
LEGAL DEFENSE FUND:Any fund of money established to pay legal expenses of an elected officer which arise in connection with:
A. The elected officer's candidacy for or election to city office;
B. The elected officer's official duties or position in the city;
C. A threatened or actual criminal prosecution of the elected officer;or
D. A civil action bearing on the elected officer's reputation or fitness for office.In no event shall monies in a legal defense fund be
spent for a matter that is primarily personal in nature.
MUNICIPAL EMPLOYEE:Any person who is not an elected or appointed officer who is employed by the city as an employee on a
full or part time,at will or merit basis.
OUTSIDE EMPLOYMENT:Any employment,activity,or enterprise for compensation,including self-employment,performed by a
public servant apart from his or her official assigned duties for the city.
PROFESSIONAL INTEREST:Any interest which:
A. Results in a direct or immediate professional benefit or detriment to a public servant;or
B. Creates a fiduciary duty with respect to a professional interest and is distinguishable from the professional benefit or detriment
to the public generally or the public servant's profession,occupation,or association generally.Professional interest provisions do not
apply to a public servant's relative.
PUBLIC BODY:Any branch,system,department,division,institution,agency,commission,board,bureau,tribunal,entity,or other
unit of government or any quasi-governmental unit of the city.
PUBLIC SERVANT:Any elected officer,any municipal employee,or any other person in a position of employment with the city,
whether or not such person is compensated for his or her services,but does not include any volunteer public servant.
REGULATED:Subject to the city's regulatory licensing,permitting,or approval procedures.
RELATIVE:Any spouse,child,parent,grandparent,grandchild,brother,sister,parent-in-law,brother-in-law,sister-in-law,nephew,
niece,aunt,uncle,or first cousin of a public servant or of the spouse of a public servant or volunteer public servant,including any step
relationship.Any adult designee is considered to be a relative for purposes of this chapter,including the extended familial
relationships provided herein.
SELL:The act to sign a bid,proposal,or contract;negotiate a contract;contact any public servant or volunteer public servant for the
purpose of obtaining,negotiating,or discussing changes in specifications,price,cost allowances,or other terms of a contract;settle
disputes concerning performance of a contract;or engage in any other lawful liaison with a view toward the ultimate consummation
of a sale even if the actual contract therefor is subsequently negotiated by another person.
SUBSTANTIAL INTEREST:The ownership,either legally or equitably,by a public servant or volunteer public servant,or his or her
spouse or minor child,of at least ten percent(10%)of the outstanding shares of a corporation or a ten percent(10%)interest in any
other business entity.
TRANSACTION:Any deal,contract,agreement,arrangement,undertaking,or other matter,including any permit approval,lease,
franchise,sale,or purchase.
VOLUNTEER PUBLIC SERVANT:Any appointed person,other than an elected officer,serving on a special,regular,or full time
committee,commission,authority,agency,or board of the city,who is not paid a salary or an hourly wage by the city for his or her
services thereon.
WAIVER:Any act to grant a waiver of any provision of this chapter which exempts any public servant,including any elected officer,
municipal employee,city attorney or volunteer public servant pursuant to section 2.44.180 of this chapter.(Ord.11-11,2011)
2.44.030:DISCLOSURE AND DISQUALIFICATION:
A. If the performance of a public servant or volunteer public servant constitutes any governmental action on any matter involving
the public servant's or volunteer public servant's financial or professional interest and it is reasonably foreseeable that the decision
will have an individualized material effect on such interest,distinguishable from its effect on the public generally,the public servant or
volunteer public servant shall publicly disclose such matter:
1. To the city council,in the case of the mayor's disclosure;
2. To the mayor and the city council,in the case of the city council member's disclosure;or
3. In all other cases,to the mayor and to the members of the public body,if any,of which the public servant or volunteer public
servant is a member.
B. The disclosure shall be made in the manner prescribed in section 2.44.050 of this chapter and shall identify the nature and
extent of such interests.
C. The public servant or volunteer public servant who has a financial interest shall disqualify himself or herself from participating in
any deliberation as well as from voting on such matter.The public servant or volunteer public servant who has only a professional
interest need not disqualify himself or herself.
D. The disclosure statement shall be entered in the minutes of the meeting of the public body.(Ord.11-11,2011)
2.44.040:PROHIBITED ACTS DESIGNATED:
A. A public servant or volunteer public servant may not:
1. Unless otherwise allowed bylaw,disclose confidential information acquired by reason of the public servant's or volunteer
public servant's official position or in the course of official duties or use such information in order to:a)substantially further the public
servant's or volunteer public servant's financial or professional interest or the financial or professional interest of others;or b)secure
special privileges or exemptions for the public servant or volunteer public servant or others.
2. Corruptly use or attempt to use the public servant's or volunteer public servant's official position to:a)further substantially the
public servant's or volunteer public servant's financial or professional interest or the financial or professional interest of others;or b)
secure special privileges for the public servant or volunteer public servant or others.
B. A public servant may not have a financial or professional interest in an entity that is doing business with the city department in
which the public servant is employed.A volunteer public servant may not have a financial or professional interest in an entity that is
doing business with the city department or division to whom the city committee,commission,authority,agency,or board of which the
volunteer public servant is a member primarily provides direct assistance or direction.For purposes of this subsection,the city
department of a member of the city council shall be deemed to be the city council office,and the city department of the mayor shall
be deemed to be all city departments.
C. The following may not apply for or receive a loan or grant of money from the city:any elected officer,any relative of any elected
officer,or any business entity in which any elected officer has a substantial interest.(Ord.11-11,2011)
2.44.050:DISCLOSURE OF SUBSTANTIAL INTEREST:
A. Disclosure To City:Any public servant or volunteer public servant who is also an officer,director,agent,employer,or employee
of any business entity,or the owner of a substantial interest in any business entity,including any business entity subject to city
regulation,shall disclose any such position or employment and the nature and value of such position or employment as provided
herein.
B. Time Of Disclosure:Any public servant or volunteer public servant shall make the disclosure within thirty(30)days:
1. After being appointed or elected or otherwise commencing employment or public service;and
2. During January of each year if such public servant's or volunteer public servant's position in the business entity has changed
or if the value of such public servant's or volunteer public servant's interest in the entity has materially increased since the last
disclosure.The disclosure shall be made in a sworn written statement in a form prescribed by the city and shall be filed with the
mayor,or,in the case of disclosure by the mayor or by the city council staff,with the city council.Unless otherwise provided by the
law,the statements are public records and shall be made available for inspection by members of the city council and the public upon
request.
C. Value Of Interest:Unless otherwise required bylaw,where the value of an interest is required to be disclosed pursuant to this
section,it shall be sufficient to report whether the value is less than fifteen thousand dollars($15,000.00)or is fifteen thousand
dollars($15,000.00)or more.This section does not apply to instances where the value of the interest does not exceed two thousand
dollars($2,000.00).Life insurance policies and annuities are not included in this disclosure requirement and shall not be considered
in determining the value of any such interest.(Ord.11-11,2011)
2.44.060:OUTSIDE EMPLOYMENT:
A. Incompatible Employment:No public servant or volunteer public servant shall engage in any outside employment that is
inconsistent,incompatible,or in conflict with his or her duties as a public servant or volunteer public servant,or with the duties,
functions,or responsibilities of the city.Such prohibited outside employment includes,but is not limited to,employment:
1. Involving the use for private gain or advantage of his or her city working time or city facilities,equipment,or supplies,except
as permitted under section 2.44.180 of this chapter;
2. Involving the receipt or acceptance by the public servant or volunteer public servant of any compensation from anyone,other
than the city,for the performance of an act that the public servant or volunteer public servant would be required or expected to
perform in the regular course of his or her city employment or as part of his or her duties as a public servant or volunteer public
servant;
3. Involving the performance of an act that may later be subject,directly or indirectly,to the control,inspection,review,audit,or
enforcement of the public servant or any other servant of the city.Such outside employment may only be engaged in after
procedures have been adopted by the public servant's assigned department to ensure that all work done by the public servant is
subject to direct review by the public servant's immediate supervisor;or
4. Involving such time demands as would render such public servant's performance of public duties demonstrably less efficient.
5. Subsections A3 and A4 of this section shall not apply to volunteer public servants.
B. Applicability:This section shall not apply to part time employees and seasonal employees of the city.Members of the city
council are not part time employees for purposes of this section.
C. Disclosure:Before engaging in any outside employment that is permissible under this chapter:
1. Any elected officer shall disclose such outside employment as provided in section 2.44.050 of this chapter;
2. Any staff of the city council shall disclose such outside employment to the chair of the city council;
3. Any department head of the city shall disclose such outside employment to the mayor;and
4. Any other public servant shall disclose such outside employment to his or her department head.
D. Denial:Outside employment shall not be denied unless it is in violation of the provisions of subsection A of this section.No
public servant shall have the power to deny an elected officer his or her right to outside employment which is not prohibited under
subsection A of this section.
E. Department Rules And Regulations:Any department head shall adopt rules and regulations for his or her department regarding
outside employment,including the denial thereof,to clarify the application of this chapter to the unique operations of that department,
if such rules or regulations are consistent with the intent of this chapter and no less stringent.
F. Advisory Opinion:If a public servant's outside employment is denied under subsection E of this section,the public servant may
seek an advisory opinion from the city attorney regarding the matter.The city attorney shall issue such an opinion,but the city
attorney shall not have the power to overrule the discretionary decision of the person who denied the consent.
G. Certain Travel,Lodging,And Food Expenses And Cash Honoraria Are To Be Considered Outside Employment And Not Gifts:
Any payment for travel,food,lodging,or entertainment expenses,or reimbursement therefor,or any other compensation or cash
honorarium,made to a public servant in connection with a public event,appearance,or ceremony unrelated to official city business
or not furnished by the sponsor of such public event,appearance,or ceremony,shall be considered outside employment under this
section,and not a gift under section 2.44.080 of this chapter.This subsection shall apply to any volunteer public servant,but only to
the extent of requiring disclosure of such outside employment to his or her department head.
H. Reports To Mayor:Within fifteen(15)working days following each February 1,May 1,August 1 and November 1,each
department that has issued a denial of outside employment to a public servant shall file with the mayor copies of all such denials
given during the previous yearly quarter.(Ord.11-11,2011)
2.44.070:TRANSACTIONS INVOLVING THE CITY:
A. Disclosure Required:No public servant or volunteer public servant shall receive or agree to receive compensation from anyone
other than the city for assisting any person or business entity in any transaction involving the city,unless he or she shall file a sworn
written statement giving the information required by this section and disclose that information in an open meeting to the members of
the affected body,if any,of which he or she is a member.Said disclosure shall be made in writing prior to the discussion on the
matter and include the following information:
1. The name and address of the public servant or volunteer public servant involved;
2. The name and address of the person or business entity being or to be so assisted;and
3. A brief description of the transaction as to which service is rendered or is to be rendered and of the nature of the service
performed or to be performed.
This section shall not be construed to allow actions which are otherwise prohibited by city ordinances or state law.
B. Time And Location Of Disclosure Filing:The statement required to be filed by this section shall be filed within ten(10)days
before the date of any agreement between the public servant or volunteer public servant and the person or business entity to be
assisted or the public servant's or volunteer public servant's receipt of compensation,whichever time is earlier:1)with the city
recorder;2)with the affected public body of which the public servant or volunteer public servant is a member;3)in the case of
disclosure by the mayor,with the chair of the city council;and 4)in the case of disclosure by a city council member,with the mayor.
C. Disclosure Is Public Record:The statement shall be deemed public information and shall be available for examination by the
public.(Ord.11-11,2011)
2.44.080:ACCEPTING OR MAKING GIFTS PROHIBITED:
A. In General:No public servant or volunteer public servant shall knowingly receive,accept,take,seek,or solicit,directly or
indirectly,for himself or herself or another,a gift that the public servant or volunteer public servant knows,or with the exercise of
reasonable care should know:1)would influence the recipient to depart from the faithful and impartial discharge of his or her public
duties;or 2)is primarily for the purpose of rewarding the public servant or volunteer public servant for governmental action taken or
not taken.
B. No Solicitation Of Gifts For Personal Matters:Except for gifts described as exceptions in section2.44.090 of this chapter,no
public servant shall seek or solicit,or receive directly or indirectly,any gift for the purpose of addressing or dealing with personal
matters or other matters not involving official city business.(Ord.11-11,2011)
2.44.090:GIFT PROHIBITION EXCEPTIONS:
Except as otherwise provided in this section,section 2.44.080 of this chapter does not prohibit accepting:
A. Campaign Contributions:A political campaign contribution covered or regulated bychapter 2.46 of this title.
B. Gifts From Relatives:A bona fide gift from a relative,not given in violation of section2.44.080 of this chapter,provided it is not
given in exchange for,as consideration for,or as a reward for the recipient taking or refraining from taking any official city action,
past,present,or future.
C. Grants Of Hospitality;Gestures Of Friendship:An occasional grant of hospitality or gesture of friendship,not given in violation
of section 2.44.080 of this chapter,if provided to an individual on the basis of personal friendship,and if it is from a friend who has
not,does not and has no immediate plans to do business with the city or be regulated by it,either individually or through a business
entity in which the giver or a relative of the giver has more than a ten percent(10%)interest.
D. De Minimis Nonpecuniary Gifts:An occasional nonpecuniary gift having a value of less than fifty dollars($50.00),or any other
amount provided in the municipal officers'and employees'ethics act,title 10,chapter 3,part 13,of the Utah code,or any successor
section.
E. De Minimis Remembrances;Items Of Nominal Value:Any occasional noncash remembrance,not given in violation of section
2.44.080 of this chapter,with a value less than one hundred dollars($100.00),given for use by,or shared by the recipient of the gift
with,the entire office or working group of which the recipient is a member;a plaque,trophy,or other item that is substantially
commemorative in nature;or an item of nominal value,such as a greeting card,baseball cap,or T-shirt.
F. Travel,Lodging,And Food Expenses Incurred In Connection With Official City Business:Reasonable expenses for food,travel,
lodging,or scheduled entertainment of a public servant or volunteer public servant incurred in connection with public events,
appearances,ceremonies,or other activities related to official city business,not given in violation of section 2.44.080 of this chapter,
if furnished by the sponsor of such public event,appearance,ceremony,or other activity.
G. Death Transfers:Subject to section 2.44.100 of this chapter,bequests,inheritances,and other transfers at death.
H. Legal Defense Fund Contributions:Any contribution may be made to a legal defense fund which is not violative of section
2.44.080 of this chapter.
1. Any elected officer may establish a legal defense fund.Any such legal defense fund shall be a trust,administered and
accounted for by an independent trustee of the elected officer's choosing.The elected officer may not solicit or receive contributions
for legal defense fund purposes until such a trust has been created.The elected officer shall be solely responsible for raising funds
for and directing the trustee to make expenditures from such fund,consistent with the provisions of this chapter.
2. In no event shall any elected officer simultaneously maintain more than one legal defense fund.Annually,the elected officer
shall file a disclosure with the city recorder which provides an accounting and identities of contributors consistent with title 52,
chapter 5,part 2 of the Utah code.
3. The trustee shall not accept more than seven thousand five hundred dollars($7,500.00)for the mayor or one thousand five
hundred dollars($1,500.00)for any city council member in contributions to a legal defense fund from any one individual or
organization.No person shall make a contribution to a legal defense fund in the name of another person or make a contribution with
another person's funds in his or her own name,and no elected officer shall knowingly accept any such contribution.
4. During such time as any monies remain in a legal defense fund,the beneficiary of such fund shall comply with the reporting
requirements of title 52,chapter 5 of the Utah code,or any successor sections.
5. Within ninety(90)days after determining that there are no related legal proceedings threatened or pending against him or her
for which such funds would be eligible for use,the beneficiary thereof shall notify the trustee,in writing,of such determination.Such
determination and notification may occur before or after the beneficiary leaves elective office with the city.Within ninety(90)days
after receipt of such notification,the trustee shall,as directed by the beneficiary in such notification,or,if the beneficiary does not so
direct,in the trustee's sole discretion,either:a)return such monies to the donors thereof on a pro rate basis;b)transfer such monies
to the general fund of the city;or c)donate such monies to a tax exempt charity.
6. In no event shall monies in a legal defense fund be transferred to a campaign finance fund of any person.
7. On or before the next January 5 after the distribution of monies described in subsection H5 of this section,the elected officer
shall file the report required by section 52-5-201 of the Utah code,or any successor section,and shall file a copy of such report with
the city recorder.
I. Leadership Expense Fund Contributions:Any contribution may be made to a leadership expense fund which is not violative of
section 2.44.080 of this chapter.
1. Any elected officer may establish a leadership expense fund.Any such leadership expense fund shall be a trust,administered
and accounted for by an independent trustee of the elected officer's choosing.The elected officer may not solicit or receive
contributions for leadership expense fund purposes until such a trust has been created.The elected officer shall be solely
responsible for raising funds for and directing the trustee to make expenditures from such fund,consistent with the provisions of this
chapter.
2. In no event shall any elected officer simultaneously maintain more than one leadership expense fund.If any monies are in a
leadership expense fund,the beneficiary of such fund shall comply with the reporting requirements of title 52,chapter 5 of the Utah
code,or any successor sections.Annually,the elected officer shall file a disclosure with the city recorder which provides an
accounting and identities of contributors consistent with title 52,chapter 5,part 2 of Utah code.
3. The trustee shall not accept more than seven thousand five hundred dollars($7,500.00)for the mayor or one thousand five
hundred dollars($1,500.00)for any city council member in contributions to a legal defense fund from any one individual or
organization.No person shall make a contribution to a legal defense fund in the name of another person or make a contribution with
another person's funds in his or her own name,and no elected officer shall knowingly accept any such contribution.
4. During such time as any monies remain in a legal defense fund,the beneficiary of such fund shall comply with the reporting
requirements of title 52,chapter 5 of the Utah code,or any successor sections.
5. Within ninety(90)days after the beneficiary of a leadership expense fund leaves elective office with the city,the trustee shall
distribute any monies remaining in such fund by either:a)returning such monies to the donors thereof on a pro rate basis;b)
transferring such monies to the general fund of the city;or c)donating such monies to a tax exempt charity.The beneficiary of such a
fund may,by providing written notice to the trustee within ninety(90)days after leaving elective office with the city,direct the trustee
as to which of such distribution methods to use.In the event that the beneficiary does not so direct the trustee,the trustee shall,in
its sole discretion,select the method of and make such distribution.
6. In no event shall monies in a leadership expense fund be transferred to a campaign finance fund of any person.
7. On or before the next January 5 after the distribution of monies described in subsection 15 of this section,the elected officer
shall file the report required by section 52-5-201 of the Utah code,or any successor section,and shall file a copy of such report with
the city recorder.
J. Determinations Of Nonapplicability:Any gift is subject to determination of nonapplicability which is made pursuant to
subsection 2.44.18013 of this chapter.(Ord.11-11,2011)
2.44.095:GROUNDS FOR GIFT ACCEPTANCE OR REJECTION:
A. A gift may be accepted pursuant to subsections 2.44.090A,B,C,E,G,H and I of this chapter and:
1. In the case of a de minimus nonpecuniary gift pursuant to subsection2.44.090D of this chapter,if valued at less than fifty
dollars($50.00);or
2. In the case of a sponsor gift pursuant to subsection2.44.090F of this chapter,if received in connection with official city
business in the form of travel,lodging,food or scheduled entertainment.
B. Notwithstanding subsection A of this section,a gift shall not be accepted if:
1. In violation of section 2.44.080 of this chapter;or
2. Pursuant to subsection 2.44.090D of this chapter,if valued at fifty dollars($50.00)or more,unless the public servant pays
from personal funds to the donor the amount in excess so the gift is reduced in value to be less than fifty dollars($50.00).(Ord.11-
11,2011)
2.44.100:GIFTS IN ANOTHER'S NAME PROHIBITED:
No person shall make,for the direct benefit of an elected officer or municipal employee,a gift in the name of another person or a gift
with another person's funds in his or her own name,or a gift made on behalf of another person.No elected officer or municipal
employee shall knowingly receive,accept,take,seek,or solicit,directly or indirectly,for his or her direct benefit,any such gift.(Ord.
11-11,2011)
2.44.110:RESERVED:
(Ord.11-11,2011)
2.44.120:REJECTION AND RETURN OF GIFTS;RECORDS:
A. Perishable Gifts:With respect to gifts not receivable under subsection 2.44.090E of this chapter,when it is not practicable to
return a tangible item because it is perishable or cannot practicably be returned,the item may,at the discretion of the recipient,be
given to an appropriate charity or destroyed.
B. Records Of Rejected,Destroyed Or Donated Gifts:No reporting is required for rejected or returned gifts or for gifts donated to
charity.However,written documentation of such acts shall be maintained by the recipient of the gift for five(5)years and shall be
made available for inspection as a public document upon written request.(Ord.11-11,2011)
2.44.130:PUBLIC CONTRACTS;PROCUREMENT:
A. Conflict Of Interest:
1. Conflict Of Interest Generally:No public servant or volunteer public servant shall participate directly or indirectly in making,
recommending,preparing,or performing a discretionary function with respect to any contract with the city,including,without
limitation,a procurement contract,when the public servant or volunteer public servant has actual knowledge that:
a. The public servant or volunteer public servant or a relative of the public servant or volunteer public servant has a financial
interest pertaining to such contract;
b. The public servant or volunteer public servant or a relative of the public servant or volunteer public servant has a financial
interest in a business entity that has a financial interest pertaining to such contract;or
c. Any other person or business entity with whom the public servant or volunteer public servant or any relative of the public
servant or volunteer public servant is negotiating or has an arrangement concerning prospective employment is involved in such
contract.
2. Financial Interest In A Blind Trust:A public servant or volunteer public servant or any relative of the public servant or
volunteer public servant who holds a financial interest in a blind trust and its corpus shall not be deemed to have a conflict of interest
with regard to matters pertaining to that"financial interest"as defined herein,provided that disclosure of the existence of the blind
trust has been made affirmatively in writing to the:a)city council,in the case of the mayor;b)mayor,in the case of city council
members and department heads;or c)applicable department head,in the case of any other public servant or volunteer public
servant.
3. Bidding And Procurement:
a. Any elected officer,and any business entity in which such elected officer has a financial interest,may not submit a bid or
proposal regarding,or renew the term of,a contract within the official responsibility of that elected officer.A member of a city board,
commission,committee,authority,or agency,and any business entity in which such member has a financial interest,may not submit
a bid or proposal regarding,or renew the term of,a contract within the official responsibility of that board,commission,committee,
authority,or agency.
b. Any public servant or volunteer public servant who serves on a city procurement committee must cease to serve on such
committee if he or she has,or within the past year had,a financial interest in an entity that submits a bid or proposal that will be
evaluated by that committee.
c. No public servant or volunteer public servant who serves on a city procurement committee may,during the two(2)years
immediately following the date the related contract is awarded by the city,seek or accept employment or remuneration of any kind
from a person or entity that submitted a bid or proposal that was evaluated by that committee.
4. Discovery Of Actual Or Potential Conflict Of Interest;Disqualification And Waiver:Upon discovery of an actual or potential
conflict of interest,any public servant or volunteer public servant shall promptly file a written statement of disqualification and shall
withdraw from further participation in the transaction or matter involved.The public servant or volunteer public servant may,at the
same time,apply to the city attorney for an advisory opinion as to what further participation,if any,the public servant or volunteer
public servant may have in the transaction or matter.
B. Public Servant Or Volunteer Public Servant Disclosure Requirements:
1. Disclosure Of Benefit Received From Contract:Any public servant or volunteer public servant who has or obtains any benefit
from any city contract with a business entity in which the public servant or volunteer public servant has a financial interest,shall report
such benefit to the:a)city council,in the case of the mayor;b)mayor,in the case of city council members and department heads;or
c)applicable department head,in the case of any other public servant or volunteer public servant,within thirty(30)days after the
public servant or volunteer public servant has actual or constructive knowledge of a benefit received or to be received.However,this
subsection shall not apply to a contract with a business entity in which the public servant's or volunteer public servant's interest in the
business entity has been placed in a disclosed blind trust.Disclosure pursuant to this subsection shall not exonerate any public
servant or volunteer public servant from any violation of this chapter.
2. Failure To Disclose Benefit Received:Any public servant or volunteer public servant who knows or should have known of
such benefit,and fails to report such benefit as provided in subsection B1 of this section,is in breach of the ethical standards of this
chapter.
C. Gifts And Payoffs Related To Procurement:
1. Gifts:It shall be illegal for any person to offer,give,or agree to give to any public servant or volunteer public servant or former
public servant or former volunteer public servant,or for any public servant or volunteer public servant or former public servant or
former volunteer public servant to solicit,demand,accept,or agree to accept from another person,a gift or an offer of employment in
connection with any decision,approval,disapproval,recommendation,preparation of any part of a procurement requirement or a
purchase request,action to influence the content of any specification or procurement standard,rendering of advice,investigation,
auditing,request for ruling,determination,claim or controversy,or other particular matter,pertaining to any procurement requirement
or a contract or subcontract,or to any solicitation or proposal therefor.
2. Payoffs:It shall be illegal for any payment,gift,or offer of employment to be made by or on behalf of a subcontractor under a
contract to the prime contractor or a higher tier subcontractor or any person associated therewith,as an inducement for the award of
a subcontract or order.This prohibition applies whether a payment,gift,or offer is made before or after the award of a city contract or
order.
D. Prohibition Against Contingent Fees:It shall be illegal for a person to be retained,or to retain a person,to solicit or secure a
city contract upon an agreement or understanding for a commission,percentage,or brokerage or contingent fee,except for retention
of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.(Ord.11-11,
2011)
2.44.140:EMPLOYMENT OF CURRENT AND FORMER PUBLIC SERVANTS:
A. Contemporaneous Employment Prohibited:Except as provided in section 2.44.180 of this chapter,no public servant or
volunteer public servant shall participate directly or indirectly on behalf of the city in the procurement or contracting process with
respect to a city contract while such public servant or volunteer public servant is the agent or employee of any other party to such
contract or any other person who has a financial interest in such contract.
B. Restriction On Former Public Servants Regarding Their Former Duties:
1. Permanent Disqualification Of Former Public Servant Personally Involved In A Particular Matter:No former public servant
shall knowingly act as a principal or as an agent for anyone other than the city in connection with any of the following matters in
which the city is a party or has a direct interest:a)a judicial or other proceeding,application,request for a ruling,or other
determination;b)a contract;c)a claim;or d)a charge or controversy;in which the public servant participated personally and
substantially through decision,approval,disapproval,recommendation,rendering of advice,investigation,or otherwise while a public
servant.
2. One Year Restriction Regarding Matters In Which A Former Public Servant Was Officially Responsible:With respect to
matters that were within a former public servant's official responsibility while he or she was a public servant,but in which such public
servant did not participate personally or substantially,the restrictions set forth in subsection A of this section shall apply,but only for
a period of one year after cessation of the former public servant's official responsibility.
C. Disqualification Of Business Entity In Which A Public Servant Or Volunteer Public Servant Has A Financial Interest:No
business entity in which a public servant or volunteer public servant has a financial interest shall knowingly act as a principal or as an
agent for anyone other than the city in connection with any of the following matters in which the city is a party or has a direct interest:
1)a judicial or other proceeding,application,request for a ruling,or other determination;2)a contract;3)a claim;or 4)a charge or
controversy;in which the public servant or volunteer public servant participates personally and substantially through decision,
approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise.
D. Selling To The City After Termination Of Employment Is Prohibited:No former public servant,unless the former public
servant's last annual salary did not exceed thirty thousand dollars($30,000.00),shall engage in selling or attempting to sell supplies,
services,or construction to the city for one year following the date his or her employment by the city ceased.The foregoing sentence
shall not apply to sales or attempted sales pursuant to a contract awarded through an open and public bidding process.This
subsection is not intended to preclude a former public servant from accepting employment with private industry solely because the
former public servant's employer is a contractor with the city,nor shall a former public servant be precluded from serving as a
consultant to the city.(Ord.11-11,2011)
2.44.150:NEGOTIATING EMPLOYMENT:
Any public servant or volunteer public servant shall not perform his or her official duties with respect to governmental action that
involves a person or business entity which has a financial interest in such governmental action while the public servant or volunteer
public servant is negotiating prospective employment with such person or business entity.(Ord.11-11,2011)
2.44.160:COERCION OF BUSINESS OR CONTRIBUTIONS:
No public servant shall in any manner intimidate or coerce a public servant or volunteer public servant subordinate to him or her to do
business with him or her or to make any financial contribution.(Ord.11-11,2011)
2.44.170:ACQUIRING INTEREST IN A BUSINESS ENTITY:
No public servant or volunteer public servant shall acquire any interest in a business entity at a time when such public servant or
volunteer public servant believes or has reason to believe,based on information not available to the general public,that such
business entity will be substantially and directly affected by any contract,transaction,zoning decision,or other governmental action
of the city.(Ord.11-11,2011)
2.44.180:WAIVERS;DETERMINATIONS OF NONAPPLICABILITY:
A. Except with respect to the restrictions on gifts in section2.44.080 of this chapter,the city council,in the case of the mayor;the
mayor,in the case of city council members;the mayor and the chairperson of the city council,jointly,in the case of the city attorney;
and the city attorney,in the case of any other public servants or volunteer public servants,may grant a waiver from the provisions of
this chapter upon making a written determination that:
1. The public servant or volunteer public servant will be able to perform his or her official functions without actual bias or
favoritism;and
2. The granting of the waiver will not be detrimental to the interests of the city.
B. A determination of nonapplicability of the restrictions on gifts in section2.44.080 of this chapter maybe given by the mayor,in
the case of the city council;by the city council,in the case of the mayor;by the mayor and the chairperson of the city council,jointly,
in the case of the city attorney;or by the city attorney,in the case of any other public servant or volunteer public servant.A
determination of nonapplicability shall be in writing and shall be given only upon a determination that:
1. The gift was not given with the intent to influence governmental action;
2. There exists no substantial likelihood that the gift will influence governmental action;and
3. The giving of the determination of nonapplicability will not be detrimental to the interests of the city.
C. Any determination of nonapplicability under this section shall include a description of the gift,its estimated value,and the
reasons justifying its receipt which shall be filed as a public document with the city recorder.(Ord.11-11,2011)
2.44.190:CLAUSE IN CONTRACTS:
A. In every contract,bid,proposal,or other offer involving the city made by a nongovernmental entity,such nongovernmental
entity shall make the following representation:
REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OFFICERS AND EMPLOYEES AND FORMER CITY
OFFICERS AND EMPLOYEES
The bidder,offeror,or contractor represents that it has not:(1)provided an illegal gift or payoff to a city officer or employee or
former city officer or employee,or his or her relative or business entity,,(2)retained any person to solicit or secure this contract upon
an agreement or understanding for a commission,percentage,or brokerage or contingent fee,other than bona ride employees or
bona fide commercial selling agencies for the purpose of securing business;(3)knowingly breached any of the ethical standards set
forth in the city's conflict of interest ordinance,Chapter 2.44,Salt Lake City Code;or(4)knowingly influenced,and hereby promises
that it will not knowingly influence,a city officer or employee or former city officer or employee to breach any of the ethical standards
set forth in the city's conflict of interest ordinance,Chapter 2.44.
B. The city attorney may waive the representation requirement as provided in this section for certain state master contracts,bids,
proposals or other offers upon a written determination that it is in the best interest of the city to waive the representation requirement.
(Ord.11-11,2011)
2.44.200:INDUCEMENT TO VIOLATE PROHIBITED:
No person shall induce or seek to induce any public servant or volunteer public servant to violate any of the provisions of this
chapter.(Ord.11-11,2011)
2.44.210:ADVISORY POWERS OF THE CITY ATTORNEY:
A. Request For Advisory Opinion By Public Servants Or Volunteer Public Servants:Any public servant or volunteer public servant
may request of the city attorney an advisory opinion concerning the application to him or her of the provisions of this chapter.The
city attorney shall accept and process these advisory opinion requests in accordance with the procedures set forth in this section.
B. Advisory Opinion Upon City Attorney's Own Initiative:The city attorney on his or her own authority may render advisory
opinions whenever he or she deems it in the public interest.
C. Time For Decision;Public Review:As soon as practicable,but not later than thirty(30)days after he or she receives a request
for an advisory opinion,the city attorney shall render a written opinion to the person who requested the opinion,and shall provide a
copy of the opinion to the mayor and the city council.All advisory opinions shall be available for public review,but may be in such
form and with such deletions as may be necessary to prevent the disclosure of the identity of the persons involved or to protect
personal privacy interests.(Ord.11-11,2011)
2.44.220:JUSTIFIABLE RELIANCE:
Any advisory opinion rendered by the city attorney,until amended or revoked by the city attorney,shall be a defense in any action
brought under this chapter and shall be binding on the city in any subsequent proceedings concerning the person who requested the
opinion and who acted in good faith reliance upon it,unless material facts were omitted or misstated by the person requesting the
opinion.(Ord.11-11,2011)
2.44.230:TRAVEL,LODGING,OR ENTERTAINMENT EXPENSES;REPORTING:
If someone other than the city pays for travel,lodging,or entertainment expenses of an elected official incurred in connection with
official city business,such elected official shall,within thirty(30)business days after such expenses are incurred,file with the city
recorder a public report detailing the amount and nature of such expenses and the name of the person or entity that paid for such
expenses.Notwithstanding the foregoing,an elected official shall not be required to file a public report pursuant to this section
detailing the cost of food or meals provided to the elected official.(Ord.11-11,2011)
2.44.240:SANCTIONS:
A. Persons Who Are Not Public Servants Or Volunteer Public Servants:The city may impose anyone or more of the following
sanctions on a person who is not a public servant or a volunteer public servant for violations of the ethical standards in this chapter:
1. Written warnings or reprimands;
2. Termination of contracts;or
3. Debarment or suspension from contracting with the city.
B. Right Of The City To Debar Or Suspend:Debarment or suspension maybe imposed by the city for violations of the ethical
standards of this chapter,provided that such action may not be taken without the concurrence of the city attorney.
C. Due Process:All procedures under this section shall be in accordance with due process requirements,including,but not
limited to,a right to notice and an opportunity for a hearing prior to imposition of any termination,debarment,or suspension from
being a contractor or subcontractor under a city contract.
D. Recovery Of Value Transferred Or Received In Breach Of Ethical Standards:
1. General Provisions:The value of anything transferred or received in violation of the ethical standards of this chapter by a
public servant,volunteer public servant,or other person may be recovered from both the public servant or volunteer public servant
and the other person through judicial action.
2. Recovery Of Payoffs By The City:Upon a showing that a subcontractor made a payoff to a prime contractor or a higher tier
subcontractor in connection with the award of subcontract or order thereunder,the amount of the payoff will be recoverable by the
city hereunder from the recipient.In addition,that amount may also be recovered from the subcontractor making such payoff.
Recovery from one offending party shall not preclude recovery from any other offending party.(Ord.11-11,2011)
2.44.250:APPEALS:
Notwithstanding any other provision of this chapter,a public servant under the career or civil service system who is found to have
violated any of the provisions of this chapter and has had discipline imposed,may have such discipline reviewed in accordance with
and as provided by law regarding such systems.(Ord.11-11,2011)
2.44.260:VOIDABLE TRANSACTION:
Any contract or transaction that was the subject of governmental action by the city and that involved the violation of a provision of this
chapter is voidable at the option of the city.(Ord.11-11,2011)
2.44.270:VIOLATION;PENALTY:
In addition to any penalty provided herein,any person who knowingly and intentionally violates any provision of this chapter is guilty
of a misdemeanor and may be dismissed from employment or removed from office as provided by law.(Ord.11-11,2011)
2.44.280:MISDEMEANOR TO KNOWINGLY FILE FALSE COMPLAINT:
Any person who files a complaint against a public servant or volunteer public servant pursuant to this chapter,knowing that such
complaint is frivolous,malicious,false,or otherwise without merit,shall be guilty of a misdemeanor.(Ord.11-11,2011)
2.44.290:PROCEDURE FOR COMPLAINT INVESTIGATION:
Any complaint alleging a violation of this chapter which is fled against a public servant or volunteer public servant shall be Tiled with
the mayor.The mayor shall investigate the complaint and refer the matter to the city attorney who may prosecute the violations
consistent with section 10-3-928 of Utah code.If the city attorney in his or her professional judgment has a conflict of interest,he or
she shall refer the matter to the county attorney,district attorney or office of the attorney general who may investigate or prosecute
the alleged violation.(Ord.11-11,2011)
CHAPTER 2.07
CITY BOARDS AND COMMISSIONS
SECTION:
2.07.010:Purpose
2.07.020:City Boards And Commissions Named
2.07.030:Conflicts Of Law
2.07.040:Appointment;Advice And Consent
2.07.050:Term
2.07.060:Vacancy
2.07.070:Oath Of Office
2.07.080:Conflicts Of Interest
2.07.090:Removal From Office
2.07.100:Compliance With Open And Public Meetings Act
2.07.110:Board Meetings
2.07.120:Election Of Board Officers
2.07.130:Committees
2.07.140:Quorum
2.07.150:Board Action
2.07.160:Attorney And Engineer Duties
2.07.010:PURPOSE:
The purpose of this chapter is to establish common rules for the city boards,commissions,councils,and committees enumerated in
section 2.07.020 of this chapter except as otherwise provided by rules set forth in this code applicable to a particular board.(Ord.67-
13,2013)
2.07.020:CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term"city board"or"board"means the following city boards,commissions,councils,and
committees:
Accessibility and disability commission
Airport board
Board of appeals and examiners
Business advisory board
Citizens'compensation advisory committee
City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Fire code board of appeals
Golf enterprise fund advisory board
Historic landmark commission
Housing advisory and appeals board
Housing trust fund advisory board
Human rights commission
Library board
Parks,natural lands,trails,and urban forestry advisory board
Planning commission
Public utilities advisory committee
Racial equity in policing commission
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board(Ord.5-22,2022:Ord.50-21,2021:Ord.54-19,2019:Ord.12-16,2016)
2.07.030:CONFLICTS OF LAW:
If a provision of this chapter conflicts with a federal,state,or local law applicable to a particular city board,such law shall supersede
the conflicting provision set forth in this chapter.(Ord.67-13,2013)
2.07.040:APPOINTMENT;ADVICE AND CONSENT:
A. Appointments of city board members shall be made by the mayor with the advice and consent of the city council unless
otherwise provided by this code or other law regarding a particular city board.
B. City boards should represent a cross section of the city.To ensure that a cross section is represented,the city council should
apply the following criteria in considering appointments to city boards:
1. Individuals should serve on only one board at a time,thus allowing more people to serve on boards.
2. City boards should have representatives from all geographic areas of the city.
3. Individuals who have not been involved in city government should be encouraged to participate through appointment to city
boards.
4. Equal opportunity principles should be recognized in appointments.
5. Appointees should be city residents unless an exception in this code or other law applicable to a particular city board
provides otherwise.
C. Employees of Salt Lake City Corporation,whether merit or appointed,shall not be eligible for membership on a city board
unless an exception in this code or other law applicable to a particular board allows such appointments.
D. Spouses and family members of city employees may be considered for appointment to a city board when the board is not
advisory to the employee's department or job responsibilities.(Ord.5-22,2022:Ord.12-16,2016)
2.07.050:TERM:
A. Appointments to a city board shall be made for a four(4)year term,except when:
1. A provision of this code applicable to a particular board specifies a different term;or
2. An appointment is to fill the unexpired term of a resigning,removed,or deceased board member,in which case,an
appointment shall be for the unexpired term.
B. Board members shall be limited to two(2)consecutive terms or eight(8)years in office,whichever is greater.
C. Aboard member whose term has expired may continue to serve until a replacement board member is appointed.(Ord.67-13,
2013)
2.07.060:VACANCY:
Vacancies occurring in the membership of a city board shall be filled by appointment by the mayor with the advice and consent of
the council for the unexpired term.(Ord.67-13,2013)
2.07.070:OATH OF OFFICE:
If required by state law,board members shall sign the oath of office required by law to be signed by city officials and file the same in
the office of the city recorder.(Ord.67-13,2013)
2.07.080:CONFLICTS OF INTEREST:
City board members are subject to the city's conflict of interest ordinance,chapter 2.44 of this title,and the municipal officers'and
employees'ethics act,section 10-3-1301 et seq.,Utah Code Annotated,as amended,or its successor.(Ord.67-13,2013)
2.07.090:REMOVAL FROM OFFICE:
Any city board member may be removed from office by the mayor for cause prior to the expiration of the term for which the member
was appointed.Any member failing to attend two(2)board meetings without advance notice in one calendar year shall be subject to
forfeiture of membership on the board.(Ord.67-13,2013)
2.07.100:COMPLIANCE WITH OPEN AND PUBLIC MEETINGS ACT:
Every meeting of a city board shall conform with the open and public meetings act,as set forth in chapter 4,title 52,Utah code or its
successor,including,but not limited to,the requirements for public notice,open meetings,closed meetings,meeting minutes,chance
or social meetings,electronic meetings,and electronic message transmissions.(Ord.67-13,2013)
2.07.110:BOARD MEETINGS:
A. Each city board shall convene regular meetings,the frequency of which shall be determined by the board except as otherwise
provided by rules set forth in this code applicable to a particular board.
B. Special meetings maybe ordered by a majority of the board,the board chair,or the mayor.(Ord.67-13,2013)
2.07.120:ELECTION OF BOARD OFFICERS:
Each city board shall select one of its members as chair and another member as vice chair who shall perform the duties of the chair
during the absence or disability of the chair.(Ord.67-13,2013)
2.07.130:COMMITTEES:
A city board may designate one or more committees to study and make recommendations on matters within the jurisdiction of the
board.Committee members may be board members but the board may also appoint nonboard members to such committees.Any
committee with nonboard members shall include at least one board member.(Ord.67-13,2013)
2.07.140:QUORUM:
A quorum is a majority of members who have been appointed to a particular city board.(Ord.67-13,2013)
2.07.150:BOARD ACTION:
A. A city board may hold a meeting and take action only when a quorum is present.
B. When a city board makes a recommendation to the mayor,it shall be submitted at the same time to the city council.(Ord.67-
13,2013)
2.07.160:ATTORNEY AND ENGINEER DUTIES:
The city attorney and the city engineer,or their designees,shall be the attorney and engineer,respectively,for any city board.Any
legal advice or assistance desired by a city board shall be obtained only from the office of the city attorney except as otherwise
provided by rules set forth in this code applicable to a particular board.(Ord.67-13,2013)
Utah Code
Chapter 2
Government Records Access and Management Act
Part 1
General Provisions
63G-2-101 Title.
This chapter is known as the "Government Records Access and Management Act."
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-102 Legislative intent.
(1) In enacting this act, the Legislature recognizes two constitutional rights:
(a) the public's right of access to information concerning the conduct of the public's business; and
(b) the right of privacy in relation to personal data gathered by governmental entities.
(2) The Legislature also recognizes a public policy interest in allowing a government to restrict
access to certain records, as specified in this chapter, for the public good.
(3) It is the intent of the Legislature to:
(a) promote the public's right of easy and reasonable access to unrestricted public records;
(b) specify those conditions under which the public interest in allowing restrictions on access to
records may outweigh the public's interest in access;
(c) prevent abuse of confidentiality by governmental entities by permitting confidential treatment
of records only as provided in this chapter;
(d) provide guidelines for both disclosure and restrictions on access to government records,
which are based on the equitable weighing of the pertinent interests and which are consistent
with nationwide standards of information practices;
(e) favor public access when, in the application of this act, countervailing interests are of equal
weight; and
(f) establish fair and reasonable records management practices.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-103 Definitions.
As used in this chapter:
(1) "Audit" means:
(a) a systematic examination of financial, management, program, and related records for the
purpose of determining the fair presentation of financial statements, adequacy of internal
controls, or compliance with laws and regulations; or
(b) a systematic examination of program procedures and operations for the purpose of
determining their effectiveness, economy, efficiency, and compliance with statutes and
regulations.
(2) "Chronological logs" mean the regular and customary summary records of law enforcement
agencies and other public safety agencies that show:
(a) the time and general nature of police, fire, and paramedic calls made to the agency; and
(b) any arrests or jail bookings made by the agency.
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(3) "Classification," "classify," and their derivative forms mean determining whether a record series,
record, or information within a record is public, private, controlled, protected, or exempt from
disclosure under Subsection 63G-2-201(3)(b).
(4)
(a) "Computer program" means:
(i) a series of instructions or statements that permit the functioning of a computer system in a
manner designed to provide storage, retrieval, and manipulation of data from the computer
system; and
(ii) any associated documentation and source material that explain how to operate the
computer program.
(b) "Computer program" does not mean:
(i) the original data, including numbers, text, voice, graphics, and images;
(ii) analysis, compilation, and other manipulated forms of the original data produced by use of
the program; or
(iii) the mathematical or statistical formulas, excluding the underlying mathematical algorithms
contained in the program, that would be used if the manipulated forms of the original data
were to be produced manually.
(5)
(a) "Contractor" means:
(i) any person who contracts with a governmental entity to provide goods or services directly to
a governmental entity; or
(ii) any private, nonprofit organization that receives funds from a governmental entity.
(b) "Contractor" does not mean a private provider.
(6) "Controlled record" means a record containing data on individuals that is controlled as provided
by Section 63G-2-304.
(7) "Designation," "designate," and their derivative forms mean indicating, based on a
governmental entity's familiarity with a record series or based on a governmental entity's review
of a reasonable sample of a record series, the primary classification that a majority of records
in a record series would be given if classified and the classification that other records typically
present in the record series would be given if classified.
(8) "Elected official" means each person elected to a state office, county office, municipal office,
school board or school district office, local district office, or special service district office, but
does not include judges.
(9) "Explosive" means a chemical compound, device, or mixture:
(a) commonly used or intended for the purpose of producing an explosion; and
(b) that contains oxidizing or combustive units or other ingredients in proportions, quantities, or
packing so that:
(i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound
or mixture may cause a sudden generation of highly heated gases; and
(ii) the resultant gaseous pressures are capable of:
(A) producing destructive effects on contiguous objects; or
(B) causing death or serious bodily injury.
(10) "Government audit agency" means any governmental entity that conducts an audit.
(11)
(a) "Governmental entity" means:
(i) executive department agencies of the state, the offices of the governor, lieutenant governor,
state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the
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Board of Examiners, the National Guard, the Career Service Review Office, the State Board
of Education, the Utah Board of Higher Education, and the State Archives;
(ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office
of Legislative Research and General Counsel, the Legislature, and legislative committees,
except any political party, group, caucus, or rules or sifting committee of the Legislature;
(iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(iv) any state-funded institution of higher education or public education; or
(v) any political subdivision of the state, but, if a political subdivision has adopted an ordinance
or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall
apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified
in any other section of this chapter that specifically refers to political subdivisions.
(b) "Governmental entity" also means:
(i) every office, agency, board, bureau, committee, department, advisory board, or commission
of an entity listed in Subsection (11)(a) that is funded or established by the government to
carry out the public's business;
(ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative undertaking;
(iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
(iv) an association as defined in Section 53G-7-1101;
(v) the Utah Independent Redistricting Commission; and
(vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law
enforcement officers, as defined in Section 53-13-103.
(c) "Governmental entity" does not include the Utah Educational Savings Plan created in Section
53B-8a-103.
(12) "Gross compensation" means every form of remuneration payable for a given period to an
individual for services provided including salaries, commissions, vacation pay, severance pay,
bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit
received from the individual's employer.
(13) "Individual" means a human being.
(14)
(a) "Initial contact report" means an initial written or recorded report, however titled, prepared by
peace officers engaged in public patrol or response duties describing official actions initially
taken in response to either a public complaint about or the discovery of an apparent violation
of law, which report may describe:
(i) the date, time, location, and nature of the complaint, the incident, or offense;
(ii) names of victims;
(iii) the nature or general scope of the agency's initial actions taken in response to the incident;
(iv) the general nature of any injuries or estimate of damages sustained in the incident;
(v) the name, address, and other identifying information about any person arrested or charged
in connection with the incident; or
(vi) the identity of the public safety personnel, except undercover personnel, or prosecuting
attorney involved in responding to the initial incident.
(b) Initial contact reports do not include follow-up or investigative reports prepared after the initial
contact report. However, if the information specified in Subsection (14)(a) appears in follow-
up or investigative reports, it may only be treated confidentially if it is private, controlled,
protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
(c) Initial contact reports do not include accident reports, as that term is described in Title 41,
Chapter 6a, Part 4, Accident Responsibilities.
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Utah Code
(15) "Legislative body" means the Legislature.
(16) "Notice of compliance" means a statement confirming that a governmental entity has complied
with an order of the State Records Committee.
(17) "Person" means:
(a) an individual;
(b) a nonprofit or profit corporation;
(c) a partnership;
(d) a sole proprietorship;
(e) other type of business organization; or
(f) any combination acting in concert with one another.
(18) "Private provider" means any person who contracts with a governmental entity to provide
services directly to the public.
(19) "Private record" means a record containing data on individuals that is private as provided by
Section 63G-2-302.
(20) "Protected record" means a record that is classified protected as provided by Section
63G-2-305.
(21) "Public record" means a record that is not private, controlled, or protected and that is not
exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
(22)
(a) "Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape,
recording, electronic data, or other documentary material regardless of physical form or
characteristics:
(i) that is prepared, owned, received, or retained by a governmental entity or political
subdivision; and
(ii) where all of the information in the original is reproducible by photocopy or other mechanical
or electronic means.
(b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or officer
of a governmental entity:
(A) in a capacity other than the employee's or officer's governmental capacity; or
(B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or prepared
by the originator for the personal use of an individual for whom the originator is working;
(iii) material that is legally owned by an individual in the individual's private capacity;
(iv) material to which access is limited by the laws of copyright or patent unless the copyright or
patent is owned by a governmental entity or political subdivision;
(v) proprietary software;
(vi)junk mail or a commercial publication received by a governmental entity or an official or
employee of a governmental entity;
(vii) a book that is cataloged, indexed, or inventoried and contained in the collections of a library
open to the public;
(viii) material that is cataloged, indexed, or inventoried and contained in the collections of a
library open to the public, regardless of physical form or characteristics of the material;
(ix) a daily calendar or other personal note prepared by the originator for the originator's
personal use or for the personal use of an individual for whom the originator is working;
(x) a computer program that is developed or purchased by or for any governmental entity for its
own use;
(xi) a note or internal memorandum prepared as part of the deliberative process by:
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Utah Code
(A) a member of the judiciary;
(B) an administrative law judge;
(C) a member of the Board of Pardons and Parole; or
(D) a member of any other body, other than an association or appeals panel as defined in
Section 53G-7-1101, charged by law with performing a quasi-judicial function;
(xii) a telephone number or similar code used to access a mobile communication device that
is used by an employee or officer of a governmental entity, provided that the employee or
officer of the governmental entity has designated at least one business telephone number
that is a public record as provided in Section 63G-2-301;
(xiii) information provided by the Public Employees' Benefit and Insurance Program, created in
Section 49-20-103, to a county to enable the county to calculate the amount to be paid to a
health care provider under Subsection 17-50-319(2)(e)(ii);
(xiv) information that an owner of unimproved property provides to a local entity as provided in
Section 11-42-205;
(xv) a video or audio recording of an interview, or a transcript of the video or audio recording,
that is conducted at a Children's Justice Center established under Section 67-5b-102;
(xvi) child pornography, as defined by Section 76-5b-103;
(xvii) before final disposition of an ethics complaint occurs, a video or audio recording of the
closed portion of a meeting or hearing of:
(A) a Senate or House Ethics Committee;
(B) the Independent Legislative Ethics Commission;
(C) the Independent Executive Branch Ethics Commission, created in Section 63A-14-202; or
(D) the Political Subdivisions Ethics Review Commission established in Section 63A-15-201;
or
(xviii) confidential communication described in Section 58-60-102, 58-61-102, or 58-61-702.
(23) "Record series" means a group of records that may be treated as a unit for purposes of
designation, description, management, or disposition.
(24) "Records officer" means the individual appointed by the chief administrative officer of
each governmental entity, or the political subdivision to work with state archives in the care,
maintenance, scheduling, designation, classification, disposal, and preservation of records.
(25) "Schedule," "scheduling," and their derivative forms mean the process of specifying the length
of time each record series should be retained by a governmental entity for administrative, legal,
fiscal, or historical purposes and when each record series should be transferred to the state
archives or destroyed.
(26) "Sponsored research" means research, training, and other sponsored activities as defined by
the federal Executive Office of the President, Office of Management and Budget:
(a) conducted:
(i) by an institution within the state system of higher education defined in Section 5313-1-102;
and
(ii) through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external:
(i) person that is not created or controlled by the institution within the state system of higher
education; or
(ii) federal, state, or local governmental entity.
(27) "State archives" means the Division of Archives and Records Service created in Section
63A-12-101.
(28) "State archivist" means the director of the state archives.
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(29) "State Records Committee" means the State Records Committee created in Section
63G-2-501.
(30) "Summary data" means statistical records and compilations that contain data derived from
private, controlled, or protected information but that do not disclose private, controlled, or
protected information.
Amended by Chapter 211, 2021 General Session
Amended by Chapter 283, 2021 General Session
63G-2-104 Administrative Procedures Act not applicable.
Title 63G, Chapter 4, Administrative Procedures Act, does not apply to this chapter except as
provided in Section 63G-2-603.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-105 Confidentiality agreements.
If a governmental entity or political subdivision receives a request for a record that is subject
to a confidentiality agreement executed before April 1, 1992, the law in effect at the time the
agreement was executed, including late judicial interpretations of the law, shall govern access to
the record, unless all parties to the confidentiality agreement agree in writing to be governed by the
provisions of this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-106 Records of security measures.
(1) The records of a governmental entity or political subdivision regarding security measures
designed for the protection of persons or property, public or private, are not subject to this
chapter.
(2) The records described in Subsection (1) include:
(a) security plans, including a plan:
(i) to prepare for or mitigate terrorist activity; or
(ii) for emergency and disaster response and recovery;
(b) security codes and combinations, and passwords;
(c) passes and keys;
(d) security procedures;
(e) except as provided in Subsection (3), results of, or data collected from, a public entity's risk
assessment or security audit; and
(f) building and public works designs, to the extent that the records or information relate to the
ongoing security measures of a public entity.
(3) The records described in Subsection (1) do not include a certification that a community water
system has conducted a risk and resilience assessment under 42 U.S.C. Sec. 300i-2.
Amended by Chapter 109, 2022 General Session
63G-2-107 Disclosure of records subject to federal law.
(1) Notwithstanding Subsection 63G-2-201(6), this chapter does not apply to a record containing
protected health information as defined in 45 C.F.R., Part 164, Standards for Privacy of
Individually Identifiable Health Information, if the record is:
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Utah Code
(a) controlled or maintained by a governmental entity; and
(b) governed by 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable
Health Information.
(2) The disclosure of an education record as defined in the Family Educational Rights and Privacy
Act, 34 C.F.R. Part 99, that is controlled or maintained by a governmental entity shall be
governed by the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.
Amended by Chapter 380, 2016 General Session
63G-2-108 Certification of records officer.
Each records officer of a governmental entity or political subdivision shall, on an annual basis,
successfully complete online training and obtain certification from state archives in accordance with
Section 63A-12-110.
Enacted by Chapter 377, 2012 General Session
Part 2
Access to Records
63G-2-201 Provisions relating to records -- Public records -- Private, controlled, protected,
and other restricted records -- Disclosure and nondisclosure of records -- Certified copy of
record -- Limits on obligation to respond to record request.
(1)
(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public record free
of charge, and the right to take a copy of a public record during normal working hours, subject
to Sections 63G-2-203 and 63G-2-204.
(b) A right under Subsection (1)(a) does not apply with respect to a record:
(i) a copy of which the governmental entity has already provided to the person;
(ii) that is the subject of a records request that the governmental entity is not required to fill
under Subsection (8)(e); or
(iii)
(A) that is accessible only by a computer or other electronic device owned or controlled by the
governmental entity;
(B) that is part of an electronic file that also contains a record that is private, controlled, or
protected; and
(C) that the governmental entity cannot readily segregate from the part of the electronic file
that contains a private, controlled, or protected record.
(2) A record is public unless otherwise expressly provided by statute.
(3) The following records are not public:
(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,
63G-2-304, and 63G-2-305; and
(b) a record to which access is restricted pursuant to court rule, another state statute, federal
statute, or federal regulation, including records for which access is governed or restricted as a
condition of participation in a state or federal program or for receiving state or federal funds.
(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305 may be
classified private, controlled, or protected.
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(5)
(a) A governmental entity may not disclose a record that is private, controlled, or protected to
any person except as provided in Subsection (5)(b), Subsection (5)(c), Section 63G-2-202,
63G-2-206, or 63G-2-303.
(b) A governmental entity may disclose a record that is private under Subsection 63G-2-302(2)
or protected under Section 63G-2-305 to persons other than those specified in Section
63G-2-202 or 63G-2-206 if the head of a governmental entity, or a designee, determines that:
(i) there is no interest in restricting access to the record; or
(ii) the interests favoring access are greater than or equal to the interest favoring restriction of
access.
(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may disclose a
record that is protected under Subsection 63G-2-305(51) if:
(i) the head of the governmental entity, or a designee, determines that the disclosure:
(A) is mutually beneficial to:
(1) the subject of the record;
(11) the governmental entity; and
(III) the public; and
(B) serves a public purpose related to:
(1) public safety; or
(11) consumer protection; and
(ii) the person who receives the record from the governmental entity agrees not to use or allow
the use of the record for advertising or solicitation purposes.
(6)
(a) The disclosure of a record to which access is governed or limited pursuant to court rule,
another state statute, federal statute, or federal regulation, including a record for which
access is governed or limited as a condition of participation in a state or federal program or
for receiving state or federal funds, is governed by the specific provisions of that statute, rule,
or regulation.
(b) This chapter applies to records described in Subsection (6)(a) insofar as this chapter is not
inconsistent with the statute, rule, or regulation.
(7) A governmental entity shall provide a person with a certified copy of a record if:
(a) the person requesting the record has a right to inspect it;
(b) the person identifies the record with reasonable specificity; and
(c) the person pays the lawful fees.
(8) In response to a request, a governmental entity is not required to:
(a) create a record;
(b) compile, format, manipulate, package, summarize, or tailor information;
(c) provide a record in a particular format, medium, or program not currently maintained by the
governmental entity;
(d) fulfill a person's records request if the request unreasonably duplicates prior records requests
from that person; or
(e) fill a person's records request if:
(i) the record requested is:
(A) publicly accessible online; or
(B) included in a public publication or product produced by the governmental entity receiving
the request; and
(ii) the governmental entity:
(A) specifies to the person requesting the record where the record is accessible online; or
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(B) provides the person requesting the record with the public publication or product and
specifies where the record can be found in the public publication or product.
(9)
(a) Although not required to do so, a governmental entity may, upon request from the person who
submitted the records request, compile, format, manipulate, package, summarize, or tailor
information or provide a record in a format, medium, or program not currently maintained by
the governmental entity.
(b) In determining whether to fulfill a request described in Subsection (9)(a), a governmental
entity may consider whether the governmental entity is able to fulfill the request without
unreasonably interfering with the governmental entity's duties and responsibilities.
(c) A governmental entity may require a person who makes a request under Subsection (9)
(a) to pay the governmental entity, in accordance with Section 63G-2-203, for providing the
information or record as requested.
(10)
(a) Notwithstanding any other provision of this chapter, and subject to Subsection (10)(b), a
governmental entity is not required to respond to, or provide a record in response to, a record
request if the request is submitted by or in behalf of an individual who is confined in a jail or
other correctional facility following the individual's conviction.
(b) Subsection (10)(a) does not apply to:
(i) the first five record requests submitted to the governmental entity by or in behalf of an
individual described in Subsection (10)(a) during any calendar year requesting only a record
that contains a specific reference to the individual; or
(ii) a record request that is submitted by an attorney of an individual described in Subsection
(10)(a).
(11)
(a) A governmental entity may allow a person requesting more than 50 pages of records to copy
the records if:
(i) the records are contained in files that do not contain records that are exempt from disclosure,
or the records may be segregated to remove private, protected, or controlled information
from disclosure; and
(ii) the governmental entity provides reasonable safeguards to protect the public from the
potential for loss of a public record.
(b) If the requirements of Subsection (11)(a) are met, the governmental entity may:
(i) provide the requester with the facilities for copying the requested records and require that the
requester make the copies; or
(ii) allow the requester to provide the requester's own copying facilities and personnel to make
the copies at the governmental entity's offices and waive the fees for copying the records.
(12)
(a) A governmental entity that owns an intellectual property right and that offers the intellectual
property right for sale or license may control by ordinance or policy the duplication and
distribution of the material based on terms the governmental entity considers to be in the
public interest.
(b) Nothing in this chapter shall be construed to limit or impair the rights or protections granted to
the governmental entity under federal copyright or patent law as a result of its ownership of
the intellectual property right.
(13) A governmental entity may not use the physical form, electronic or otherwise, in which a
record is stored to deny, or unreasonably hinder the rights of a person to inspect and receive a
copy of a record under this chapter.
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(14) Subject to the requirements of Subsection (8), a governmental entity shall provide access to
an electronic copy of a record in lieu of providing access to its paper equivalent if:
(a) the person making the request requests or states a preference for an electronic copy;
(b) the governmental entity currently maintains the record in an electronic format that is
reproducible and may be provided without reformatting or conversion; and
(c) the electronic copy of the record:
(i) does not disclose other records that are exempt from disclosure; or
(ii) may be segregated to protect private, protected, or controlled information from disclosure
without the undue expenditure of public resources or funds.
(15) In determining whether a record is properly classified as private under Subsection
63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals board, or
court shall consider and weigh:
(a) any personal privacy interests, including those in images, that would be affected by disclosure
of the records in question; and
(b) any public interests served by disclosure.
Amended by Chapter 334, 2019 General Session
63G-2-202 Access to private, controlled, and protected documents.
(1) Except as provided in Subsection (11)(a), a governmental entity:
(a) shall, upon request, disclose a private record to:
(i) the subject of the record;
(ii) the parent or legal guardian of an unemancipated minor who is the subject of the record;
(iii) the legal guardian of a legally incapacitated individual who is the subject of the record;
(iv) any other individual who:
(A) has a power of attorney from the subject of the record;
(B) submits a notarized release from the subject of the record or the individual's legal
representative dated no more than 90 days before the date the request is made; or
(C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a health care
provider, as defined in Section 26-33a-102, if releasing the record or information in the
record is consistent with normal professional practice and medical ethics; or
(v) any person to whom the record must be provided pursuant to:
(A) court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers;
and
(b) may disclose a private record described in Subsections 63G-2-302(1)0) through (m), without
complying with Section 63G-2-206, to another governmental entity for a purpose related to:
(i) voter registration; or
(ii) the administration of an election.
(2)
(a) Upon request, a governmental entity shall disclose a controlled record to:
(i) a physician, physician assistant, psychologist, certified social worker, insurance provider or
producer, or a government public health agency upon submission of:
(A) a release from the subject of the record that is dated no more than 90 days prior to the
date the request is made; and
(B) a signed acknowledgment of the terms of disclosure of controlled information as provided
by Subsection (2)(b); and
(ii) any person to whom the record must be disclosed pursuant to:
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(A) a court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers.
(b) A person who receives a record from a governmental entity in accordance with Subsection
(2)(a)(i) may not disclose controlled information from that record to any person, including the
subject of the record.
(3) If there is more than one subject of a private or controlled record, the portion of the record that
pertains to another subject shall be segregated from the portion that the requester is entitled to
inspect.
(4) Upon request, and except as provided in Subsection (11)(b), a governmental entity shall
disclose a protected record to:
(a) the person that submitted the record;
(b) any other individual who:
(i) has a power of attorney from all persons, governmental entities, or political subdivisions
whose interests were sought to be protected by the protected classification; or
(ii) submits a notarized release from all persons, governmental entities, or political subdivisions
whose interests were sought to be protected by the protected classification or from their
legal representatives dated no more than 90 days prior to the date the request is made;
(c) any person to whom the record must be provided pursuant to:
(i) a court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers; or
(d) the owner of a mobile home park, subject to the conditions of Subsection 41-1a-116(5).
(5) Except as provided in Subsection (1)(b), a governmental entity may disclose a private,
controlled, or protected record to another governmental entity, political subdivision, state, the
United States, or a foreign government only as provided by Section 63G-2-206.
(6) Before releasing a private, controlled, or protected record, the governmental entity shall obtain
evidence of the requester's identity.
(7) A governmental entity shall disclose a record pursuant to the terms of a court order signed by a
judge from a court of competent jurisdiction, provided that:
(a) the record deals with a matter in controversy over which the court has jurisdiction;
(b) the court has considered the merits of the request for access to the record;
(c) the court has considered and, where appropriate, limited the requester's use and further
disclosure of the record in order to protect:
(i) privacy interests in the case of private or controlled records;
(ii) business confidentiality interests in the case of records protected under Subsection
63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records;
(d) to the extent the record is properly classified private, controlled, or protected, the interests
favoring access, considering limitations thereon, are greater than or equal to the interests
favoring restriction of access; and
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection
63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
(8)
(a) Except as provided in Subsection (8)(d), a governmental entity may disclose or authorize
disclosure of private or controlled records for research purposes if the governmental entity:
(i) determines that the research purpose cannot reasonably be accomplished without use or
disclosure of the information to the researcher in individually identifiable form;
(ii) determines that:
(A) the proposed research is bona fide; and
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(B) the value of the research is greater than or equal to the infringement upon personal
privacy;
(iii)
(A) requires the researcher to assure the integrity, confidentiality, and security of the records;
and
(B) requires the removal or destruction of the individual identifiers associated with the records
as soon as the purpose of the research project has been accomplished;
(iv) prohibits the researcher from:
(A) disclosing the record in individually identifiable form, except as provided in Subsection (8)
(b); or
(B) using the record for purposes other than the research approved by the governmental
entity; and
(v) secures from the researcher a written statement of the researcher's understanding of and
agreement to the conditions of this Subsection (8) and the researcher's understanding
that violation of the terms of this Subsection (8) may subject the researcher to criminal
prosecution under Section 63G-2-801.
(b) A researcher may disclose a record in individually identifiable form if the record is disclosed
for the purpose of auditing or evaluating the research program and no subsequent use
or disclosure of the record in individually identifiable form will be made by the auditor or
evaluator except as provided by this section.
(c) A governmental entity may require indemnification as a condition of permitting research under
this Subsection (8).
(d) A governmental entity may not disclose or authorize disclosure of a private record for
research purposes as described in this Subsection (8) if the private record is a record
described in Subsection 63G-2-302(1)(w).
(9)
(a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity may disclose to
persons other than those specified in this section records that are:
(i) private under Section 63G-2-302; or
(ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for business
confidentiality has been made under Section 63G-2-309.
(b) Under Subsection 63G-2-403(11)(b), the State Records Committee may require the
disclosure to persons other than those specified in this section of records that are:
(i) private under Section 63G-2-302;
(ii) controlled under Section 63G-2-304; or
(iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for business
confidentiality has been made under Section 63G-2-309.
(c) Under Subsection 63G-2-404(7), the court may require the disclosure of records that are
private under Section 63G-2-302, controlled under Section 63G-2-304, or protected under
Section 63G-2-305 to persons other than those specified in this section.
(10)
(a) A private record described in Subsection 63G-2-302(2)(f) may only be disclosed as provided
in Subsection (1)(a)(v).
(b) A protected record described in Subsection 63G-2-305(43) may only be disclosed as provided
in Subsection (4)(c) or Section 62A-3-312.
(11)
(a) A private, protected, or controlled record described in Section 62A-16-301 shall be disclosed
as required under:
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(i) Subsections 62A-1 6-301(1)(b), (2), and (4)(c); and
(ii) Subsections 62A-16-302(1) and (6).
(b) A record disclosed under Subsection (11)(a) shall retain its character as private, protected, or
controlled.
Amended by Chapter 231, 2021 General Session
63G-2-203 Fees.
(1)
(a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to cover the
governmental entity's actual cost of providing a record.
(b) A fee under Subsection (1)(a) shall be approved by the governmental entity's executive
officer.
(2)
(a) When a governmental entity compiles a record in a form other than that normally maintained
by the governmental entity, the actual costs under this section may include the following:
(i) the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or
tailoring the record either into an organization or media to meet the person's request;
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for complying
with a request; and
(iii) in the case of fees for a record that is the result of computer output other than word
processing, the actual incremental cost of providing the electronic services and products
together with a reasonable portion of the costs associated with formatting or interfacing the
information for particular users, and the administrative costs as set forth in Subsections (2)
(a)(i) and (ii).
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest paid
employee who, in the discretion of the custodian of records, has the necessary skill and
training to perform the request.
(3)
(a) Fees shall be established as provided in this Subsection (3).
(b) A governmental entity with fees established by the Legislature:
(i) shall establish the fees defined in Subsection (2), or other actual costs associated with this
section through the budget process; and
(ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature establishes
fees through the budget process.
(c) Political subdivisions shall establish fees by ordinance or written formal policy adopted by the
governing body.
(d) The judiciary shall establish fees by rules of the judicial council.
(4) A governmental entity may fulfill a record request without charge and is encouraged to do so if
it determines that:
(a) releasing the record primarily benefits the public rather than a person;
(b) the individual requesting the record is the subject of the record, or an individual specified in
Subsection 63G-2-202(1) or (2); or
(c) the requester's legal rights are directly implicated by the information in the record, and the
requester is impecunious.
(5)
(a) As used in this Subsection (5), "media representative":
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(i) means a person who requests a record to obtain information for a story or report for
publication or broadcast to the general public; and
(ii) does not include a person who requests a record to obtain information for a blog, podcast,
social media account, or other means of mass communication generally available to a
member of the public.
(b) A governmental entity may not charge a fee for:
(i) reviewing a record to determine whether it is subject to disclosure, except as permitted by
Subsection (2)(a)(ii);
(ii) inspecting a record; or
(iii) the first quarter hour of staff time spent in responding to a request under Section
63G-2-204.
(c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from charging
a fee for the first quarter hour of staff time spent in responding to a request under Section
63G-2-204 if the person who submits the request:
(i) is not a Utah media representative; and
(ii) previously submitted a separate request within the 10-day period immediately before the
date of the request to which the governmental entity is responding.
(6)
(a) A person who believes that there has been an unreasonable denial of a fee waiver under
Subsection (4) may appeal the denial in the same manner as a person appeals when
inspection of a public record is denied under Section 63G-2-205.
(b) The adjudicative body hearing the appeal:
(i) shall review the fee waiver de novo, but shall review and consider the governmental entity's
denial of the fee waiver and any determination under Subsection (4); and
(ii) has the same authority when a fee waiver or reduction is denied as it has when the
inspection of a public record is denied.
(7)
(a) All fees received under this section by a governmental entity subject to Subsection (3)(b) shall
be retained by the governmental entity as a dedicated credit.
(b) Those funds shall be used to recover the actual cost and expenses incurred by the
governmental entity in providing the requested record or record series.
(8)
(a) A governmental entity may require payment of past fees and future estimated fees before
beginning to process a request if:
(i) fees are expected to exceed $50; or
(ii) the requester has not paid fees from previous requests.
(b) Any prepaid amount in excess of fees due shall be returned to the requester.
(9) This section does not alter, repeal, or reduce fees established by other statutes or legislative
acts.
(10)
(a) Notwithstanding Subsection (3)(c), fees for voter registration records shall be set as provided
in this Subsection (10).
(b) The lieutenant governor shall:
(i) after consultation with county clerks, establish uniform fees for voter registration and voter
history records that meet the requirements of this section; and
(ii) obtain legislative approval of those fees by following the procedures and requirements of
Section 63J-1-504.
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Amended by Chapter 128, 2022 General Session
63G-2-204 Record request -- Response -- Time for responding.
(1)
(a) A person making a request for a record shall submit to the governmental entity that retains
the record a written request containing:
(i) the person's:
(A) name;
(B) mailing address;
(C) email address, if the person has an email address and is willing to accept communications
by email relating to the person's records request; and
(D) daytime telephone number; and
(ii) a description of the record requested that identifies the record with reasonable specificity.
(b)
(i) A single record request may not be submitted to multiple governmental entities.
(ii) Subsection (1)(b)(i) may not be construed to prevent a person from submitting a separate
record request to each of multiple governmental entities, even if each of the separate
requests seeks access to the same record.
(2)
(a) In response to a request for a record, a governmental entity may not provide a record that it
has received under Section 63G-2-206 as a shared record.
(b) If a governmental entity is prohibited from providing a record under Subsection (2)(a), the
governmental entity shall:
(i) deny the records request; and
(ii) inform the person making the request of the identity of the governmental entity from which
the shared record was received.
(3) A governmental entity may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying where and to whom requests for access shall be
directed.
(4) After receiving a request for a record, a governmental entity shall:
(a) review each request that seeks an expedited response and notify, within five business days
after receiving the request, each requester that has not demonstrated that their record
request benefits the public rather than the person that their response will not be expedited;
and
(b) as soon as reasonably possible, but no later than 10 business days after receiving a written
request, or five business days after receiving a written request if the requester demonstrates
that expedited response to the record request benefits the public rather than the person:
(i) approve the request and provide a copy of the record;
(ii) deny the request in accordance with the procedures and requirements of Section
63G-2-205;
(iii) notify the requester that it does not maintain the record requested and provide, if known, the
name and address of the governmental entity that does maintain the record; or
(iv) notify the requester that because of one of the extraordinary circumstances listed in
Subsection (6), it cannot immediately approve or deny the request, and include with the
notice:
(A) a description of the circumstances that constitute the extraordinary circumstances; and
(B) the date when the records will be available, consistent with the requirements of
Subsection (7).
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(5) Any person who requests a record to obtain information for a story or report for publication
or broadcast to the general public is presumed to be acting to benefit the public rather than a
person.
(6) The following circumstances constitute "extraordinary circumstances" that allow a governmental
entity to delay approval or denial by an additional period of time as specified in Subsection (7)
if the governmental entity determines that due to the extraordinary circumstances it cannot
respond within the time limits provided in Subsection (4):
(a) another governmental entity is using the record, in which case the originating governmental
entity shall promptly request that the governmental entity currently in possession return the
record;
(b) another governmental entity is using the record as part of an audit, and returning the record
before the completion of the audit would impair the conduct of the audit;
(c)
(i) the request is for a voluminous quantity of records or a record series containing a substantial
number of records; or
(ii) the requester seeks a substantial number of records or records series in requests filed within
five working days of each other;
(d) the governmental entity is currently processing a large number of records requests;
(e) the request requires the governmental entity to review a large number of records to locate the
records requested;
(f) the decision to release a record involves legal issues that require the governmental entity to
seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case law;
(g) segregating information that the requester is entitled to inspect from information that the
requester is not entitled to inspect requires extensive editing; or
(h) segregating information that the requester is entitled to inspect from information that the
requester is not entitled to inspect requires computer programming.
(7) If one of the extraordinary circumstances listed in Subsection (6) precludes approval or denial
within the time specified in Subsection (4), the following time limits apply to the extraordinary
circumstances:
(a) for claims under Subsection (6)(a), the governmental entity currently in possession of the
record shall return the record to the originating entity within five business days of the request
for the return unless returning the record would impair the holder's work;
(b) for claims under Subsection (6)(b), the originating governmental entity shall notify the
requester when the record is available for inspection and copying;
(c) for claims under Subsections (6)(c), (d), and (e), the governmental entity shall:
(i) disclose the records that it has located which the requester is entitled to inspect;
(ii) provide the requester with an estimate of the amount of time it will take to finish the work
required to respond to the request;
(iii) complete the work and disclose those records that the requester is entitled to inspect as
soon as reasonably possible; and
(iv) for any person that does not establish a right to an expedited response as authorized by
Subsection (4), a governmental entity may choose to:
(A) require the person to provide for copying of the records as provided in Subsection
63G-2-201(11); or
(B) treat a request for multiple records as separate record requests, and respond sequentially
to each request;
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(d) for claims under Subsection (6)(f), the governmental entity shall either approve or deny the
request within five business days after the response time specified for the original request has
expired;
(e) for claims under Subsection (6)(g), the governmental entity shall fulfill the request within 15
business days from the date of the original request; or
(f) for claims under Subsection (6)(h), the governmental entity shall complete its programming
and disclose the requested records as soon as reasonably possible.
(8)
(a) If a request for access is submitted to an office of a governmental entity other than that
specified by rule in accordance with Subsection (3), the office shall promptly forward the
request to the appropriate office.
(b) If the request is forwarded promptly, the time limit for response begins when the request is
received by the office specified by rule.
(9) If the governmental entity fails to provide the requested records or issue a denial within the
specified time period, that failure is considered the equivalent of a determination denying
access to the record.
Amended by Chapter 64, 2021 General Session
63G-2-205 Denials.
(1) If the governmental entity denies the request in whole or part, it shall provide a notice of denial
to the requester either in person or by sending the notice to the requester's address.
(2) The notice of denial shall contain the following information:
(a) a description of the record or portions of the record to which access was denied, provided that
the description does not disclose private, controlled, or protected information or information
exempt from disclosure under Subsection 63G-2-201(3)(b);
(b) citations to the provisions of this chapter, court rule or order, another state statute, federal
statute, or federal regulation that exempt the record or portions of the record from disclosure,
provided that the citations do not disclose private, controlled, or protected information or
information exempt from disclosure under Subsection 63G-2-201(3)(b);
(c) a statement that the requester has the right to appeal the denial to the chief administrative
officer of the governmental entity; and
(d) the time limits for filing an appeal, and the name and business address of the chief
administrative officer of the governmental entity.
(3) Unless otherwise required by a court or agency of competent jurisdiction, a governmental entity
may not destroy or give up custody of any record to which access was denied until the period
for an appeal has expired or the end of the appeals process, including judicial appeal.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-206 Sharing records.
(1) A governmental entity may provide a record that is private, controlled, or protected to another
governmental entity, a government-managed corporation, a political subdivision, the federal
government, or another state if the requesting entity:
(a) serves as a repository or archives for purposes of historical preservation, administrative
maintenance, or destruction;
(b) enforces, litigates, or investigates civil, criminal, or administrative law, and the record is
necessary to a proceeding or investigation;
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(c) is authorized by state statute to conduct an audit and the record is needed for that purpose;
(d) is one that collects information for presentence, probationary, or parole purposes; or
(e)
(i) is:
(A) the Legislature;
(B) a legislative committee;
(C) a member of the Legislature; or
(D) a legislative staff member acting at the request of the Legislature, a legislative committee,
or a member of the Legislature; and
(ii) requests the record in relation to the Legislature's duties including:
(A) the preparation or review of a legislative proposal or legislation;
(B) appropriations; or
(C) an investigation or review conducted by the Legislature or a legislative committee.
(2)
(a) A governmental entity may provide a private, controlled, or protected record or record series
to another governmental entity, a political subdivision, a government-managed corporation,
the federal government, or another state if the requesting entity provides written assurance:
(i) that the record or record series is necessary to the performance of the governmental entity's
duties and functions;
(ii) that the record or record series will be used for a purpose similar to the purpose for which
the information in the record or record series was collected or obtained; and
(iii) that the use of the record or record series produces a public benefit that is greater than or
equal to the individual privacy right that protects the record or record series.
(b) A governmental entity may provide a private, controlled, or protected record or record series
to a contractor or a private provider according to the requirements of Subsection (6)(b).
(3)
(a) A governmental entity shall provide a private, controlled, or protected record to another
governmental entity, a political subdivision, a government-managed corporation, the federal
government, or another state if the requesting entity:
(i) is entitled by law to inspect the record;
(ii) is required to inspect the record as a condition of participating in a state or federal program
or for receiving state or federal funds; or
(iii) is an entity described in Subsection (1)(a), (b), (c), (d), or (e).
(b) Subsection (3)(a)(iii) applies only if the record is a record described in Subsection
63G-2-305(4).
(4) Before disclosing a record or record series under this section to another governmental entity,
another state, the United States, a foreign government, or to a contractor or private provider,
the originating governmental entity shall:
(a) inform the recipient of the record's classification and the accompanying restrictions on access;
and
(b) if the recipient is not a governmental entity to which this chapter applies, obtain the recipient's
written agreement which may be by mechanical or electronic transmission that it will abide
by those restrictions on access unless a statute, federal regulation, or interstate agreement
otherwise governs the sharing of the record or record series.
(5) A governmental entity may disclose a record to another state, the United States, or a foreign
government for the reasons listed in Subsections (1) and (2) without complying with the
procedures of Subsection (2) or (4) if disclosure is authorized by executive agreement, treaty,
federal statute, compact, federal regulation, or state statute.
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Utah Code
(6)
(a) Subject to Subsections (6)(b) and (c), an entity receiving a record under this section is subject
to the same restrictions on disclosure of the record as the originating entity.
(b) A contractor or a private provider may receive information under this section only if:
(i) the contractor or private provider's use of the record or record series produces a public
benefit that is greater than or equal to the individual privacy right that protects the record or
record series;
(ii) the record or record series it requests:
(A) is necessary for the performance of a contract with a governmental entity;
(B) will only be used for the performance of the contract with the governmental entity;
(C) will not be disclosed to any other person; and
(D) will not be used for advertising or solicitation purposes; and
(iii) the contractor or private provider gives written assurance to the governmental entity that is
providing the record or record series that it will adhere to the restrictions of this Subsection
(6)(b).
(c) The classification of a record already held by a governmental entity and the applicable
restrictions on disclosure of that record are not affected by the governmental entity's receipt
under this section of a record with a different classification that contains information that is
also included in the previously held record.
(7) Notwithstanding any other provision of this section, if a more specific court rule or order, state
statute, federal statute, or federal regulation prohibits or requires sharing information, that rule,
order, statute, or federal regulation controls.
(8)
(a) The following records may not be shared under this section:
(i) records held by the Division of Oil, Gas, and Mining that pertain to any person and that are
gathered under authority of Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining;
(ii) except as provided in Subsection (8)(b), records of publicly funded libraries as described in
Subsection 63G-2-302(1)(c); and
(iii) a record described in Section 63G-12-210.
(b) A publicly funded library may share a record that is a private record under Subsection
63G-2-302(1)(c) with a law enforcement agency, as defined in Section 53-1-102, if:
(i) the record is a video surveillance recording of the library premises; and
(ii) the law enforcement agency certifies in writing that:
(A) the law enforcement agency believes that the record will provide important information for
a pending investigation into criminal or potentially criminal behavior; and
(B) the law enforcement agency's receipt of the record will assist the agency to prevent
imminent harm to an individual or imminent and substantial damage to property.
(9) Records that may evidence or relate to a violation of law may be disclosed to a government
prosecutor, peace officer, or auditor.
Amended by Chapter 334, 2019 General Session
63G-2-207 Subpoenas -- Court ordered disclosure for discovery.
(1) Subpoenas and other methods of discovery under the state or federal statutes or rules of
civil, criminal, administrative, or legislative procedure are not written requests under Section
63G-2-204.
(2)
(a)
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Utah Code
(i) Except as otherwise provided in Subsection (2)(c), in judicial or administrative proceedings
in which an individual is requesting discovery of records classified private, controlled, or
protected under this chapter, or otherwise restricted from access by other statutes, the
court, or an administrative law judge shall follow the procedure in Subsection 63G-2-202(7)
before ordering disclosure.
(ii) Until the court or an administrative law judge orders disclosure, these records are privileged
from discovery.
(b) If, the court or administrative order requires disclosure, the terms of the order may limit
the requester's further use and disclosure of the record in accordance with Subsection
63G-2-202(7), in order to protect the privacy interests recognized in this chapter.
(c) Unless a court or administrative law judge imposes limitations in a restrictive order, this
section does not limit the right to obtain:
(i) records through the procedures set forth in this chapter; or
(ii) medical records discoverable under state or federal court rules as authorized by Subsection
63G-2-302(3).
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-208 Public repository of legislative email.
(1) As used in this section, "repository" means the repository of email described in Subsection (2).
(2)
(a) On or before January 1, 2014, the Legislature shall post on its website a publicly accessible
repository containing email that legislators transfer to it as provided in this section.
(b) The repository shall be searchable by sender, receiver, and subject.
(3) A legislator may transfer to the repository an email that the legislator sent or received.
(4) An email in the repository may be removed from the repository if:
(a) the email was accidentally transferred to the repository;
(b) it is determined that the email is not a record or that the email is a private, protected, or
controlled record;
(c) the email is deleted pursuant to the Legislature's record retention policy; or
(d) for an email that is not removed from the repository earlier under Subsection (4)(a), (b), or (c),
at least two years have passed after the day the legislator first sent or received the email.
(5) A legislator's failure to transfer an email to the repository does not alone mean that the email is
a private, protected, or controlled record.
Enacted by Chapter 231, 2013 General Session
Part 3
Classification
63G-2-301 Public records.
(1) As used in this section:
(a) "Business address" means a single address of a governmental agency designated for the
public to contact an employee or officer of the governmental agency.
(b) "Business email address" means a single email address of a governmental agency
designated for the public to contact an employee or officer of the governmental agency.
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Utah Code
(c) "Business telephone number" means a single telephone number of a governmental agency
designated for the public to contact an employee or officer of the governmental agency.
(d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
(2) The following records are public except to the extent they contain information expressly
permitted to be treated confidentially under the provisions of Subsections 63G-2-201(3)(b) and
(6)(a):
(a) laws;
(b) the name, gender, gross compensation, job title, job description, business address, business
email address, business telephone number, number of hours worked per pay period, dates of
employment, and relevant education, previous employment, and similar job qualifications of a
current or former employee or officer of the governmental entity, excluding:
(i) undercover law enforcement personnel; and
(ii) investigative personnel if disclosure could reasonably be expected to impair the
effectiveness of investigations or endanger any individual's safety;
(c) final opinions, including concurring and dissenting opinions, and orders that are made by a
governmental entity in an administrative, adjudicative, or judicial proceeding except that if the
proceedings were properly closed to the public, the opinion and order may be withheld to the
extent that they contain information that is private, controlled, or protected;
(d) final interpretations of statutes or rules by a governmental entity unless classified as protected
as provided in Subsection 63G-2-305(17) or (18);
(e) information contained in or compiled from a transcript, minutes, or report of the open portions
of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open and Public
Meetings Act, including the records of all votes of each member of the governmental entity;
(f)judicial records unless a court orders the records to be restricted under the rules of civil or
criminal procedure or unless the records are private under this chapter;
(g) unless otherwise classified as private under Section 63G-2-303, records or parts of
records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional
Trust Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights,
or other governmental entities that give public notice of:
(i) titles or encumbrances to real property;
(ii) restrictions on the use of real property;
(iii) the capacity of persons to take or convey title to real property; or
(iv) tax status for real and personal property;
(h) records of the Department of Commerce that evidence incorporations, mergers, name
changes, and uniform commercial code filings;
(i) data on individuals that would otherwise be private under this chapter if the individual who is
the subject of the record has given the governmental entity written permission to make the
records available to the public;
Q) documentation of the compensation that a governmental entity pays to a contractor or private
provider;
(k) summary data;
(1) voter registration records, including an individual's voting history, except for a voter registration
record or those parts of a voter registration record that are classified as private under
Subsections 63G-2-302(1)0) through (m) or withheld under Subsection 20A-2-104(7);
(m) for an elected official, as defined in Section 11-47-102, a telephone number, if available, and
email address, if available, where that elected official may be reached as required in Title 11,
Chapter 47, Access to Elected Officials;
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Utah Code
(n) for a school community council member, a telephone number, if available, and email address,
if available, where that elected official may be reached directly as required in Section
53G-7-1203;
(o) annual audited financial statements of the Utah Educational Savings Plan described in
Section 53B-8a-111; and
(p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as defined in
Section 20A-7-101, after the packet is submitted to a county clerk.
(3) The following records are normally public, but to the extent that a record is expressly exempt
from disclosure, access may be restricted under Subsection 63G-2-201(3)(b), Section
63G-2-302, 63G-2-304, or 63G-2-305:
(a) administrative staff manuals, instructions to staff, and statements of policy;
(b) records documenting a contractor's or private provider's compliance with the terms of a
contract with a governmental entity;
(c) records documenting the services provided by a contractor or a private provider to the extent
the records would be public if prepared by the governmental entity;
(d) contracts entered into by a governmental entity;
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds by a
governmental entity;
(f) records relating to government assistance or incentives publicly disclosed, contracted for, or
given by a governmental entity, encouraging a person to expand or relocate a business in
Utah, except as provided in Subsection 63G-2-305(35);
(g) chronological logs and initial contact reports;
(h) correspondence by and with a governmental entity in which the governmental entity
determines or states an opinion upon the rights of the state, a political subdivision, the public,
or any person;
(i) empirical data contained in drafts if:
(i) the empirical data is not reasonably available to the requester elsewhere in similar form; and
(ii) the governmental entity is given a reasonable opportunity to correct any errors or make
nonsubstantive changes before release;
Q) drafts that are circulated to anyone other than:
(i) a governmental entity;
(ii) a political subdivision;
(iii) a federal agency if the governmental entity and the federal agency are jointly responsible for
implementation of a program or project that has been legislatively approved;
(iv) a government-managed corporation; or
(v) a contractor or private provider;
(k) drafts that have never been finalized but were relied upon by the governmental entity in
carrying out action or policy;
(1) original data in a computer program if the governmental entity chooses not to disclose the
program;
(m) arrest warrants after issuance, except that, for good cause, a court may order restricted
access to arrest warrants prior to service;
(n) search warrants after execution and filing of the return, except that a court, for good cause,
may order restricted access to search warrants prior to trial;
(o) records that would disclose information relating to formal charges or disciplinary actions
against a past or present governmental entity employee if:
(i) the disciplinary action has been completed and all time periods for administrative appeal
have expired; and
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Utah Code
(ii) the charges on which the disciplinary action was based were sustained;
(p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that evidence
mineral production on government lands;
(q) final audit reports;
(r) occupational and professional licenses;
(s) business licenses;
(t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar records
used to initiate proceedings for discipline or sanctions against persons regulated by a
governmental entity, but not including records that initiate employee discipline; and
(u)
(i) records that disclose a standard, regulation, policy, guideline, or rule regarding the operation
of a correctional facility or the care and control of inmates committed to the custody of a
correctional facility; and
(ii) records that disclose the results of an audit or other inspection assessing a correctional
facility's compliance with a standard, regulation, policy, guideline, or rule described in
Subsection (3)(u)(i).
(4) The list of public records in this section is not exhaustive and should not be used to limit access
to records.
Amended by Chapter 255, 2020 General Session
Amended by Chapter 399, 2020 General Session
Superseded 91112022
63G-2-302 Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits, social
services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis, condition,
treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records identify a
patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints, unless
the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch Ethics
Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review of
Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning character,
professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or impartial
hearing; and
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Utah Code
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for employment
with, a governmental entity that would disclose that individual's home address, home
telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 63G-2-303 that a current or former employee
identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
Q) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) social security number, or last four digits of the social security number;
(iii) email address;
(iv) date of birth; or
(v) phone number;
(k) a voter registration record that is classified as a private record by the lieutenant governor or a
county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or 20A-2-204(4)(b);
(1) a voter registration record that is withheld under Subsection 20A-2-104(7);
(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
verification submitted in support of the form;
(n) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information Officer; and
(B) acts as a repository of information about the individual that can be electronically retrieved
and used to facilitate the individual's online interaction with a state agency;
(o) information provided to the Commissioner of Insurance under:
(i) Subsection 31A-23a-115(3)(a);
(ii) Subsection 31A-23a-302(4); or
(iii) Subsection 31A-26-210(4);
(p) information obtained through a criminal background check under Title 11, Chapter 40,
Criminal Background Checks by Political Subdivisions Operating Water Systems;
(q) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap Offender
Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
(ii) not required to be made available to the public under Subsection 77-41-110(4) or
77-43-108(4);
(r) a statement and any supporting documentation filed with the attorney general in accordance
with Section 34-45-107, if the federal law or action supporting the filing involves homeland
security;
(s) electronic toll collection customer account information received or collected under Section
72-6-118 and customer information described in Section 17B-2a-815 received or collected by
a public transit district, including contact and payment information and customer travel data;
(t) an email address provided by a military or overseas voter under Section 20A-16-501;
(u) a completed military-overseas ballot that is electronically transmitted under Title 20A, Chapter
16, Uniform Military and Overseas Voters Act;
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Utah Code
(v) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 63A-15-201, except for:
(i) the commission's summary data report that is required in Section 63A-15-202; and
(ii) any other document that is classified as public in accordance with Title 63A, Chapter 15,
Political Subdivisions Ethics Review Commission;
(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an incident
or threat;
(x) a criminal background check or credit history report conducted in accordance with Section
63A-3-201;
(y) a record described in Subsection 53-5a-104(7);
(z) on a record maintained by a county for the purpose of administering property taxes, an
individual's:
(i) email address;
(ii) phone number; or
(iii) personal financial information related to a person's payment method;
(aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an exemption,
deferral, abatement, or relief under:
(i)Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
(ii)Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii)Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
(iv)Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
(bb) a record provided by the State Tax Commission in response to a request under Subsection
59-1-403(4)(y)(iii); and
(cc) a record relating to drug or alcohol testing of a state employee under Section 63A-17-1004.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment with a
governmental entity, including performance evaluations and personal status information such
as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63G-2-301(2);
(ii) information provided to the governmental entity for the purpose of complying with a financial
assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would conflict with
the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a clearly
unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state that are
given with the requirement that the records be managed as private records, if the providing
entity states in writing that the record would not be subject to public disclosure if retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services, created in
Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a person who
made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section 77-7a-103,
that record sound or images inside a home or residence except for recordings that:
(i) depict the commission of an alleged crime;
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Utah Code
(ii) record any encounter between a law enforcement officer and a person that results in death
or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding against a law
enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or
(v) have been requested for reclassification as a public record by a subject or authorized agent
of a subject featured in the recording.
(3)
(a) As used in this Subsection (3), "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or
affiliated entities are not private records or controlled records under Section 63G-2-304 when
the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's physical,
mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party relies
upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding according to
state or federal statutes or rules of procedure and evidence as if the medical records were in
the possession of a nongovernmental medical care provider.
Amended by Chapter 169, 2022 General Session
Effective 91112022
63G-2-302 Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits, social
services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis, condition,
treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records identify a
patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints, unless
the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch Ethics
Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review of
Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning character,
professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or impartial
hearing; and
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Utah Code
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for employment
with, a governmental entity that would disclose that individual's home address, home
telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 63G-2-303 that a current or former employee
identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
Q) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) social security number, or last four digits of the social security number;
(iii) email address;
(iv) date of birth; or
(v) phone number;
(k) a voter registration record that is classified as a private record by the lieutenant governor or a
county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or 20A-2-204(4)(b);
(1) a voter registration record that is withheld under Subsection 20A-2-104(7);
(m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
verification submitted in support of the form;
(n) a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information Officer; and
(B) acts as a repository of information about the individual that can be electronically retrieved
and used to facilitate the individual's online interaction with a state agency;
(o) information provided to the Commissioner of Insurance under:
(i) Subsection 31A-23a-115(3)(a);
(ii) Subsection 31A-23a-302(4); or
(iii) Subsection 31A-26-210(4);
(p) information obtained through a criminal background check under Title 11, Chapter 40,
Criminal Background Checks by Political Subdivisions Operating Water Systems;
(q) information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap Offender
Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
(ii) not required to be made available to the public under Subsection 77-41-110(4) or
77-43-108(4);
(r) a statement and any supporting documentation filed with the attorney general in accordance
with Section 34-45-107, if the federal law or action supporting the filing involves homeland
security;
(s) electronic toll collection customer account information received or collected under Section
72-6-118 and customer information described in Section 17B-2a-815 received or collected by
a public transit district, including contact and payment information and customer travel data;
(t) an email address provided by a military or overseas voter under Section 20A-16-501;
(u) a completed military-overseas ballot that is electronically transmitted under Title 20A, Chapter
16, Uniform Military and Overseas Voters Act;
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Utah Code
(v) records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section 63A-15-201, except for:
(i) the commission's summary data report that is required in Section 63A-15-202; and
(ii) any other document that is classified as public in accordance with Title 63A, Chapter 15,
Political Subdivisions Ethics Review Commission;
(w) a record described in Section 53G-9-604 that verifies that a parent was notified of an incident
or threat;
(x) a criminal background check or credit history report conducted in accordance with Section
63A-3-201;
(y) a record described in Subsection 53-5a-104(7);
(z) on a record maintained by a county for the purpose of administering property taxes, an
individual's:
(i) email address;
(ii) phone number; or
(iii) personal financial information related to a person's payment method;
(aa) a record submitted by a taxpayer to establish the taxpayer's eligibility for an exemption,
deferral, abatement, or relief under:
(i)Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
(ii)Title 59, Chapter 2, Part 12, Property Tax Relief;
(iii)Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
(iv)Title 59, Chapter 2, Part 19, Armed Forces Exemptions;
(bb) a record provided by the State Tax Commission in response to a request under Subsection
59-1-403(4)(y)(iii);
(cc) a record of the Child Welfare Legislative Oversight Panel regarding an individual child
welfare case, as described in Subsection 36-33-103(3); and
(dd) a record relating to drug or alcohol testing of a state employee under Section 63A-17-1004.
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment with a
governmental entity, including performance evaluations and personal status information such
as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63G-2-301(2);
(ii) information provided to the governmental entity for the purpose of complying with a financial
assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would conflict with
the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a clearly
unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state that are
given with the requirement that the records be managed as private records, if the providing
entity states in writing that the record would not be subject to public disclosure if retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services, created in
Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a person who
made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section 77-7a-103,
that record sound or images inside a home or residence except for recordings that:
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Utah Code
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in death
or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding against a law
enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or
(v) have been requested for reclassification as a public record by a subject or authorized agent
of a subject featured in the recording.
(3)
(a) As used in this Subsection (3), "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or
affiliated entities are not private records or controlled records under Section 63G-2-304 when
the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's physical,
mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party relies
upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding according to
state or federal statutes or rules of procedure and evidence as if the medical records were in
the possession of a nongovernmental medical care provider.
Amended by Chapter 169, 2022 General Session
Amended by Chapter 334, 2022 General Session
63G-2-303 Private information concerning certain government employees.
(1) As used in this section:
(a) "At-risk government employee" means a current or former:
(i) peace officer as specified in Section 53-13-102;
(ii) state or federal judge of an appellate, district, justice, or juvenile court, or court
commissioner;
(iii)judge authorized by Title 39A, Chapter 5, Utah Code of Military Justice;
(iv)judge authorized by Armed Forces, Title 10, United States Code;
(v) federal prosecutor;
(vi) prosecutor appointed pursuant to Armed Forces, Title 10, United States Code;
(vii) law enforcement official as defined in Section 53-5-711;
(viii) prosecutor authorized by Title 39A, Chapter 5, Utah Code of Military Justice; or
(ix) state or local government employee who, because of the unique nature of the employee's
regular work assignments or because of one or more recent credible threats directed to or
against the employee, would be at immediate and substantial risk of physical harm if the
employee's personal information is disclosed.
(b) "Family member" means the spouse, child, sibling, parent, or grandparent of an at-risk
government employee who is living with the employee.
(c) "Personal information" means the employee's or the employee's family member's home
address, home telephone number, personal mobile telephone number, personal pager
number, personal email address, social security number, insurance coverage, marital status,
or payroll deductions.
(2)
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(a) Pursuant to Subsection 63G-2-302(1)(h), an at-risk government employee may file a written
application that:
(i) gives notice of the employee's status as an at-risk government employee to each agency
of a government entity holding a record or a part of a record that would disclose the
employee's personal information; and
(ii) requests that the government agency classify those records or parts of records as private.
(b) An at-risk government employee desiring to file an application under this section may request
assistance from the government agency to identify the individual records containing personal
information.
(c) Each government agency shall develop a form that:
(i) requires the at-risk government employee to designate each specific record or part of a
record containing the employee's personal information that the applicant desires to be
classified as private;
(ii) affirmatively requests that the government entity holding those records classify them as
private;
(iii) informs the employee that by submitting a completed form the employee may not receive
official announcements affecting the employee's property, including notices about proposed
municipal annexations, incorporations, or zoning modifications; and
(iv) contains a place for the signature required under Subsection (2)(d).
(d) A form submitted by an employee under Subsection (2)(c) shall be signed by the highest
ranking elected or appointed official in the employee's chain of command certifying that the
employee submitting the form is an at-risk government employee.
(3) A county recorder, county treasurer, county auditor, or a county tax assessor may fully satisfy
the requirements of this section by:
(a) providing a method for the assessment roll and index and the tax roll and index that will
block public access to the home address, home telephone number, situs address, and Social
Security number; and
(b) providing the at-risk government employee requesting the classification with a disclaimer
informing the employee that the employee may not receive official announcements affecting
the employee's property, including notices about proposed annexations, incorporations, or
zoning modifications.
(4) A government agency holding records of an at-risk government employee classified as private
under this section may release the record or part of the record if:
(a) the employee or former employee gives written consent;
(b) a court orders release of the records; or
(c) the government agency receives a certified death certificate for the employee or former
employee.
(5)
(a) If the government agency holding the private record receives a subpoena for the records,
the government agency shall attempt to notify the at-risk government employee or former
employee by mailing a copy of the subpoena to the employee's last-known mailing address
together with a request that the employee either:
(i) authorize release of the record; or
(ii) within 10 days of the date that the copy and request are mailed, deliver to the government
agency holding the private record a copy of a motion to quash filed with the court who
issued the subpoena.
(b) The government agency shall comply with the subpoena if the government agency has:
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Utah Code
(i) received permission from the at-risk government employee or former employee to comply
with the subpoena;
(ii) not received a copy of a motion to quash within 10 days of the date that the copy of the
subpoena was mailed; or
(iii) received a court order requiring release of the records.
(6)
(a) Except as provided in Subsection (6)(b), a form submitted under this section remains in effect
until the earlier of:
(i) four years after the date the employee signs the form, whether or not the employee's
employment terminates before the end of the four-year period; and
(ii) one year after the government agency receives official notice of the death of the employee.
(b) A form submitted under this section may be rescinded at any time by:
(i) the at-risk government employee who submitted the form; or
(ii) if the at-risk government employee is deceased, a member of the employee's immediate
family.
Amended by Chapter 402, 2019 General Session
63G-2-304 Controlled records.
A record is controlled if:
(1) the record contains medical, psychiatric, or psychological data about an individual;
(2) the governmental entity reasonably believes that:
(a) releasing the information in the record to the subject of the record would be detrimental to the
subject's mental health or to the safety of any individual; or
(b) releasing the information would constitute a violation of normal professional practice and
medical ethics; and
(3) the governmental entity has properly classified the record.
Renumbered and Amended by Chapter 382, 2008 General Session
Superseded 91112022
63G-2-305 Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
provided the governmental entity with the information specified in Section 63G-2-309;
(2) commercial information or nonindividual financial information obtained from a person if:
(a) disclosure of the information could reasonably be expected to result in unfair competitive
injury to the person submitting the information or would impair the ability of the governmental
entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access than the
public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with the
information specified in Section 63G-2-309;
(3) commercial or financial information acquired or prepared by a governmental entity to the extent
that disclosure would lead to financial speculations in currencies, securities, or commodities
that will interfere with a planned transaction by the governmental entity or cause substantial
financial injury to the governmental entity or state economy;
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Utah Code
(4) records, the disclosure of which could cause commercial injury to, or confer a competitive
advantage upon a potential or actual competitor of, a commercial project entity as defined in
Subsection 11-13-103(4);
(5) test questions and answers to be used in future license, certification, registration, employment,
or academic examinations;
(6) records, the disclosure of which would impair governmental procurement proceedings or give
an unfair advantage to any person proposing to enter into a contract or agreement with a
governmental entity, except, subject to Subsections (1) and (2), that this Subsection (6) does
not restrict the right of a person to have access to, after the contract or grant has been awarded
and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental entity in
response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 63G-6a-712;
(7) information submitted to or by a governmental entity in response to a request for information,
except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict the right of
a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been awarded and
signed by all parties; or
(b)
(i) a final determination is made not to enter into a contract that relates to the subject of the
request for information; and
(ii) at least two years have passed after the day on which the request for information is issued;
(8) records that would identify real property or the appraisal or estimated value of real or personal
property, including intellectual property, under consideration for public acquisition before any
rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a duty of
confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described property
have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of property, the
potential sellers have already learned of the governmental entity's estimated value of the
property; or
(e) the property under consideration for public acquisition is a single family residence and the
governmental entity seeking to acquire the property has initiated negotiations to acquire the
property as required under Section 7813-6-505;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if disclosed prior
to completion of the transaction, would reveal the appraisal or estimated value of the subject
property, unless:
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Utah Code
(a) the public interest in access is greater than or equal to the interests in restricting access,
including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the value
of the subject property have already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement purposes or
audit purposes, or for discipline, licensing, certification, or registration purposes, if release of
the records:
(a) reasonably could be expected to interfere with investigations undertaken for enforcement,
discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial hearing;
(d) reasonably could be expected to disclose the identity of a source who is not generally known
outside of government and, in the case of a record compiled in the course of an investigation,
disclose information furnished by a source not generally known outside of government if
disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques, procedures,
policies, or orders not generally known outside of government if disclosure would interfere
with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an individual;
(12) records the disclosure of which would jeopardize the security of governmental property,
governmental programs, or governmental recordkeeping systems from damage, theft, or other
appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional facility, or
records relating to incarceration, treatment, probation, or parole, that would interfere with the
control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of Pardons
and Parole by an employee of or contractor for the Department of Corrections, the Board of
Pardons and Parole, or the Department of Human Services that are based on the employee's
or contractor's supervision, diagnosis, or treatment of any person within the board's jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with audits or
collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit until the final
audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer, employee, or
agent of a governmental entity for, or in anticipation of, litigation or a judicial, quasi-judicial, or
administrative proceeding;
(19)
(a)
(i) personal files of a state legislator, including personal correspondence to or from a member of
the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative action
or policy may not be classified as protected under this section; and
(b)
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Utah Code
(i) an internal communication that is part of the deliberative process in connection with the
preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of legislative action
or policy may not be classified as protected under this section;
(20)
(a) records in the custody or control of the Office of Legislative Research and General
Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation or
contemplated course of action before the legislator has elected to support the legislation or
course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the Office of
Legislative Research and General Counsel is a public document unless a legislator asks that
the records requesting the legislation be maintained as protected records until such time as
the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and General Counsel
or the Office of the Legislative Fiscal Analyst and research findings prepared in response to
these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that may be
covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured
Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or biological resources
that if known would jeopardize the security of those resources or of valuable historic, scientific,
educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would conflict with the
fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in Section
53B-1-102 regarding tenure evaluations, appointments, applications for admissions, retention
decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records
of the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative proposals,
and policy statements, that if disclosed would reveal the governor's contemplated policies or
contemplated courses of action before the governor has implemented or rejected those policies
or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
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Utah Code
(31) records provided by the United States or by a government entity outside the state that are
given to the governmental entity with a requirement that they be managed as protected records
if the providing entity certifies that the record would not be subject to public disclosure if
retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a public body
except as provided in Section 52-4-206;
(33) records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an administrative
law judge, a member of the Board of Pardons and Parole, or a member of any other body
charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand or
locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an institution
within the state system of higher education defined in Section 53B-1-102, and other information
concerning the donation that could reasonably be expected to reveal the identity of the donor,
provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be classified
protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in Section
53B-1-102, the governmental unit to which the donation is made is primarily engaged in
educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
(39) a notification of workers' compensation insurance coverage described in Section 34A-2-205;
(40)
(a) the following records of an institution within the state system of higher education defined in
Section 53B-1-102, which have been developed, discovered, disclosed to, or received by or
on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(1) the institution within the state system of higher education defined in Section 53B-1-102;
or
(11) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
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Utah Code
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information required
pursuant to Subsection 53B-16-302(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41)
(a) records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit prior to the date that
audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the Office
of the Legislative Auditor General is a public document unless the legislator asks that the
records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information contained in the statewide database of the Division of Aging and Adult Services
created by Section 62A-3-311.1;
(44) information contained in the Licensing Information System described in Title 62A, Chapter 4a,
Child and Family Services;
(45) information regarding National Guard operations or activities in support of the National
Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed by the
Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of which
would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency Management
information;
(49) records of the Department of Agriculture and Food that provides for the identification, tracing,
or control of livestock diseases, including any program established under Title 4, Chapter 24,
Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control of Animal Disease;
(50) as provided in Section 26-39-501:
(a) information or records held by the Department of Health related to a complaint regarding a
child care program or residential child care which the department is unable to substantiate;
and
(b) information or records related to a complaint received by the Department of Health from an
anonymous complainant regarding a child care program or residential child care;
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Utah Code
(51) unless otherwise classified as public under Section 63G-2-301 and except as provided under
Section 41-1a-116, an individual's home address, home telephone number, or personal mobile
phone number, if:
(a) the individual is required to provide the information in order to comply with a law, ordinance,
rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be kept
confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or mailing
address, if the candidate provides to the filing officer another address or phone number where
the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination, described in
Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408, 20A-9-408.5,
20A-9-502, or 20A-9-601;
(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
(53) the name, home address, work addresses, and telephone numbers of an individual that is
engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section 5313-1-102; and
(b) conducted using animals;
(54) in accordance with Section 78A-12-203, any record of the Judicial Performance Evaluation
Commission concerning an individual commissioner's vote, in relation to whether a judge meets
or exceeds minimum performance standards under Subsection 78A-12-203(4), and information
disclosed under Subsection 78A-12-203(5)(e);
(55) information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial
Performance Evaluation Commission Act, requires disclosure of, or makes public, the
information or report;
(56) records provided or received by the Public Lands Policy Coordinating Office in furtherance of
any contract or other agreement made in accordance with Section 63L-11-202;
(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
(58) in accordance with Section 73-10-33:
(a) a management plan for a water conveyance facility in the possession of the Division of Water
Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(59) the following records in the custody or control of the Office of Inspector General of Medicaid
Services, created in Section 63A-13-201:
(a) records that would disclose information relating to allegations of personal misconduct,
gross mismanagement, or illegal activity of a person if the information or allegation cannot
be corroborated by the Office of Inspector General of Medicaid Services through other
documents or evidence, and the records relating to the allegation are not relied upon by the
Office of Inspector General of Medicaid Services in preparing a final investigation report or
final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a person who,
during the course of an investigation or audit, communicated the existence of any Medicaid
fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or regulation
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Utah Code
adopted under the laws of this state, a political subdivision of the state, or any recognized
entity of the United States, if the information was disclosed on the condition that the identity of
the person be protected;
(c) before the time that an investigation or audit is completed and the final investigation or final
audit report is released, records or drafts circulated to a person who is not an employee or
head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey plan, or audit
program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an investigation
or audit;
(60) records that reveal methods used by the Office of Inspector General of Medicaid Services, the
fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or abuse;
(61) information provided to the Department of Health or the Division of Professional Licensing
under Subsections 58-67-304(3) and (4) and Subsections 58-68-304(3) and (4);
(62) a record described in Section 63G-12-210;
(63) captured plate data that is obtained through an automatic license plate reader system used by
a governmental entity as authorized in Section 41-6a-2003;
(64) any record in the custody of the Utah Office for Victims of Crime relating to a victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to, evaluate
or communicate a victim's eligibility for or denial of benefits from the Crime Victim Reparations
Fund;
(65) an audio or video recording created by a body-worn camera, as that term is defined in Section
77-7a-103, that records sound or images inside a hospital or health care facility as those
terms are defined in Section 7813-3-403, inside a clinic of a health care provider, as that term
is defined in Section 7813-3-403, or inside a human service program as that term is defined in
Section 62A-2-101, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in death or
bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against a law
enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or
(e) have been requested for reclassification as a public record by a subject or authorized agent of
a subject featured in the recording;
(66) a record pertaining to the search process for a president of an institution of higher education
described in Section 5313-2-102, except for application materials for a publicly announced
finalist;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or piece of
equipment designed or intended for resuscitating an individual or for treating an individual
with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an individual or
for treating an individual with a life-threatening condition; and
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Utah Code
(c) intended and used for purposes of training emergency responders how to improve their
response to an emergency situation;
(68) records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Audit Subcommittee, established under Section 36-12-8, for an employment position with the
Legislature;
(69) work papers as defined in Section 31A-2-204;
(70) a record made available to Adult Protective Services or a law enforcement agency under
Section 61-1-206;
(71) a record submitted to the Insurance Department in accordance with Section 31 A-37-201;
(72) a record described in Section 31A-37-503;
(73) any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304(5) or 58-37f-702(2)(a)(ii);
(74) a record described in Section 72-16-306 that relates to the reporting of an injury involving an
amusement ride;
(75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a political
petition, or on a request to withdraw a signature from a political petition, including a petition or
request described in the following titles:
(a)Title 10, Utah Municipal Code;
(b)Title 17, Counties;
(c)Title 17B, Limited Purpose Local Government Entities - Local Districts;
(d)Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e)Title 20A, Election Code;
(76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a voter
registration record;
(77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
described in Subsection (75) or (76), in the custody of the lieutenant governor or a local political
subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form 1-918 Supplement B certification as described in Title 77, Chapter 38, Part 5, Victims
Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Section 31A-48-103;
(80) personal information, as defined in Section 63G-26-102, to the extent disclosure is prohibited
under Section 63G-26-103;
(81) an image taken of an individual during the process of booking the individual into jail, unless:
(a) the individual is convicted of a criminal offense based upon the conduct for which the
individual was incarcerated at the time the image was taken;
(b) a law enforcement agency releases or disseminates the image:
(i) after determining that the individual is a fugitive or an imminent threat to an individual or
to public safety and releasing or disseminating the image will assist in apprehending the
individual or reducing or eliminating the threat; or
(ii) to a potential witness or other individual with direct knowledge of events relevant to a
criminal investigation or criminal proceeding for the purpose of identifying or locating an
individual in connection with the criminal investigation or criminal proceeding; or
(c) a judge orders the release or dissemination of the image based on a finding that the release
or dissemination is in furtherance of a legitimate law enforcement interest;
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
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Utah Code
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the Colorado
River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to negotiate
the best terms and conditions regarding the use of water in the Colorado River system; or
(iii) give an advantage to another state or to the federal government in negotiations regarding
the use of water in the Colorado River system;
(83) any part of an application described in Section 63N-16-201 that the Governor's Office of
Economic Opportunity determines is nonpublic, confidential information that if disclosed would
result in actual economic harm to the applicant, but this Subsection (83) may not be used to
restrict access to a record evidencing a final contract or approval decision;
(84) the following records of a drinking water or wastewater facility:
(a) an engineering or architectural drawing of the drinking water or wastewater facility; and
(b) except as provided in Section 63G-2-106, a record detailing tools or processes the drinking
water or wastewater facility uses to secure, or prohibit access to, the records described in
Subsection (84)(a); and
(85) a statement that an employee of a governmental entity provides to the governmental entity
as part of the governmental entity's personnel or administrative investigation into potential
misconduct involving the employee if the governmental entity:
(a) requires the statement under threat of employment disciplinary action, including possible
termination of employment, for the employee's refusal to provide the statement; and
(b) provides the employee assurance that the statement cannot be used against the employee in
any criminal proceeding.
Amended by Chapter 11, 2022 General Session
Amended by Chapter 109, 2022 General Session
Amended by Chapter 198, 2022 General Session
Amended by Chapter 201, 2022 General Session
Amended by Chapter 303, 2022 General Session
Amended by Chapter 388, 2022 General Session
Amended by Chapter 391, 2022 General Session
Amended by Chapter 415, 2022 General Session
Effective 91112022
63G-2-305 Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
provided the governmental entity with the information specified in Section 63G-2-309;
(2) commercial information or nonindividual financial information obtained from a person if:
(a) disclosure of the information could reasonably be expected to result in unfair competitive
injury to the person submitting the information or would impair the ability of the governmental
entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access than the
public in obtaining access; and
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Utah Code
(c) the person submitting the information has provided the governmental entity with the
information specified in Section 63G-2-309;
(3) commercial or financial information acquired or prepared by a governmental entity to the extent
that disclosure would lead to financial speculations in currencies, securities, or commodities
that will interfere with a planned transaction by the governmental entity or cause substantial
financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a competitive
advantage upon a potential or actual competitor of, a commercial project entity as defined in
Subsection 11-13-103(4);
(5) test questions and answers to be used in future license, certification, registration, employment,
or academic examinations;
(6) records, the disclosure of which would impair governmental procurement proceedings or give
an unfair advantage to any person proposing to enter into a contract or agreement with a
governmental entity, except, subject to Subsections (1) and (2), that this Subsection (6) does
not restrict the right of a person to have access to, after the contract or grant has been awarded
and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental entity in
response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 63G-6a-712;
(7) information submitted to or by a governmental entity in response to a request for information,
except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict the right of
a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been awarded and
signed by all parties; or
(b)
(i) a final determination is made not to enter into a contract that relates to the subject of the
request for information; and
(ii) at least two years have passed after the day on which the request for information is issued;
(8) records that would identify real property or the appraisal or estimated value of real or personal
property, including intellectual property, under consideration for public acquisition before any
rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a duty of
confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described property
have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of property, the
potential sellers have already learned of the governmental entity's estimated value of the
property; or
(e) the property under consideration for public acquisition is a single family residence and the
governmental entity seeking to acquire the property has initiated negotiations to acquire the
property as required under Section 7813-6-505;
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Utah Code
(9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if disclosed prior
to completion of the transaction, would reveal the appraisal or estimated value of the subject
property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting access,
including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of the value
of the subject property have already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement purposes or
audit purposes, or for discipline, licensing, certification, or registration purposes, if release of
the records:
(a) reasonably could be expected to interfere with investigations undertaken for enforcement,
discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial hearing;
(d) reasonably could be expected to disclose the identity of a source who is not generally known
outside of government and, in the case of a record compiled in the course of an investigation,
disclose information furnished by a source not generally known outside of government if
disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques, procedures,
policies, or orders not generally known outside of government if disclosure would interfere
with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an individual;
(12) records the disclosure of which would jeopardize the security of governmental property,
governmental programs, or governmental recordkeeping systems from damage, theft, or other
appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional facility, or
records relating to incarceration, treatment, probation, or parole, that would interfere with the
control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of Pardons
and Parole by an employee of or contractor for the Department of Corrections, the Board of
Pardons and Parole, or the Department of Human Services that are based on the employee's
or contractor's supervision, diagnosis, or treatment of any person within the board's jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with audits or
collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit until the final
audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer, employee, or
agent of a governmental entity for, or in anticipation of, litigation or a judicial, quasi-judicial, or
administrative proceeding;
(19)
(a)
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Utah Code
(i) personal files of a state legislator, including personal correspondence to or from a member of
the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative action
or policy may not be classified as protected under this section; and
(b)
(i) an internal communication that is part of the deliberative process in connection with the
preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of legislative action
or policy may not be classified as protected under this section;
(20)
(a) records in the custody or control of the Office of Legislative Research and General
Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation or
contemplated course of action before the legislator has elected to support the legislation or
course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the Office of
Legislative Research and General Counsel is a public document unless a legislator asks that
the records requesting the legislation be maintained as protected records until such time as
the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and General Counsel
or the Office of the Legislative Fiscal Analyst and research findings prepared in response to
these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that may be
covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured
Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or biological resources
that if known would jeopardize the security of those resources or of valuable historic, scientific,
educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would conflict with the
fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in Section
5313-1-102 regarding tenure evaluations, appointments, applications for admissions, retention
decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records
of the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative proposals,
and policy statements, that if disclosed would reveal the governor's contemplated policies or
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Utah Code
contemplated courses of action before the governor has implemented or rejected those policies
or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state that are
given to the governmental entity with a requirement that they be managed as protected records
if the providing entity certifies that the record would not be subject to public disclosure if
retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a public body
except as provided in Section 52-4-206;
(33) records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an administrative
law judge, a member of the Board of Pardons and Parole, or a member of any other body
charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand or
locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an institution
within the state system of higher education defined in Section 53B-1-102, and other information
concerning the donation that could reasonably be expected to reveal the identity of the donor,
provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be classified
protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in Section
53B-1-102, the governmental unit to which the donation is made is primarily engaged in
educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
(39) a notification of workers' compensation insurance coverage described in Section 34A-2-205;
(40)
(a) the following records of an institution within the state system of higher education defined in
Section 53B-1-102, which have been developed, discovered, disclosed to, or received by or
on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(1) the institution within the state system of higher education defined in Section 53B-1-102;
or
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Utah Code
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public information required
pursuant to Subsection 53B-16-302(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41)
(a) records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit prior to the date that
audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the Office
of the Legislative Auditor General is a public document unless the legislator asks that the
records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information contained in the statewide database of the Division of Aging and Adult Services
created by Section 62A-3-311.1;
(44) information contained in the Licensing Information System described in Title 80, Chapter 2,
Child Welfare Services;
(45) information regarding National Guard operations or activities in support of the National
Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed by the
Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of which
would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency Management
information;
(49) records of the Department of Agriculture and Food that provides for the identification, tracing,
or control of livestock diseases, including any program established under Title 4, Chapter 24,
Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control of Animal Disease;
(50) as provided in Section 26-39-501:
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Utah Code
(a) information or records held by the Department of Health related to a complaint regarding a
child care program or residential child care which the department is unable to substantiate;
and
(b) information or records related to a complaint received by the Department of Health from an
anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 63G-2-301 and except as provided under
Section 41-1a-116, an individual's home address, home telephone number, or personal mobile
phone number, if:
(a) the individual is required to provide the information in order to comply with a law, ordinance,
rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be kept
confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or mailing
address, if the candidate provides to the filing officer another address or phone number where
the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination, described in
Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408, 20A-9-408.5,
20A-9-502, or 20A-9-601;
(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
(53) the name, home address, work addresses, and telephone numbers of an individual that is
engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section 5313-1-102; and
(b) conducted using animals;
(54) in accordance with Section 78A-12-203, any record of the Judicial Performance Evaluation
Commission concerning an individual commissioner's vote, in relation to whether a judge meets
or exceeds minimum performance standards under Subsection 78A-12-203(4), and information
disclosed under Subsection 78A-12-203(5)(e);
(55) information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial
Performance Evaluation Commission Act, requires disclosure of, or makes public, the
information or report;
(56) records provided or received by the Public Lands Policy Coordinating Office in furtherance of
any contract or other agreement made in accordance with Section 63L-11-202;
(57) information requested by and provided to the 911 Division under Section 63H-7a-302;
(58) in accordance with Section 73-10-33:
(a) a management plan for a water conveyance facility in the possession of the Division of Water
Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(59) the following records in the custody or control of the Office of Inspector General of Medicaid
Services, created in Section 63A-13-201:
(a) records that would disclose information relating to allegations of personal misconduct,
gross mismanagement, or illegal activity of a person if the information or allegation cannot
be corroborated by the Office of Inspector General of Medicaid Services through other
documents or evidence, and the records relating to the allegation are not relied upon by the
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Utah Code
Office of Inspector General of Medicaid Services in preparing a final investigation report or
final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a person who,
during the course of an investigation or audit, communicated the existence of any Medicaid
fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or regulation
adopted under the laws of this state, a political subdivision of the state, or any recognized
entity of the United States, if the information was disclosed on the condition that the identity of
the person be protected;
(c) before the time that an investigation or audit is completed and the final investigation or final
audit report is released, records or drafts circulated to a person who is not an employee or
head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey plan, or audit
program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an investigation
or audit;
(60) records that reveal methods used by the Office of Inspector General of Medicaid Services, the
fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or abuse;
(61) information provided to the Department of Health or the Division of Professional Licensing
under Subsections 58-67-304(3) and (4) and Subsections 58-68-304(3) and (4);
(62) a record described in Section 63G-12-210;
(63) captured plate data that is obtained through an automatic license plate reader system used by
a governmental entity as authorized in Section 41-6a-2003;
(64) any record in the custody of the Utah Office for Victims of Crime relating to a victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to, evaluate
or communicate a victim's eligibility for or denial of benefits from the Crime Victim Reparations
Fund;
(65) an audio or video recording created by a body-worn camera, as that term is defined in Section
77-7a-103, that records sound or images inside a hospital or health care facility as those
terms are defined in Section 7813-3-403, inside a clinic of a health care provider, as that term
is defined in Section 7813-3-403, or inside a human service program as that term is defined in
Section 62A-2-101, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in death or
bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against a law
enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f); or
(e) have been requested for reclassification as a public record by a subject or authorized agent of
a subject featured in the recording;
(66) a record pertaining to the search process for a president of an institution of higher education
described in Section 5313-2-102, except for application materials for a publicly announced
finalist;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or piece of
equipment designed or intended for resuscitating an individual or for treating an individual
with a life-threatening condition;
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Utah Code
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an individual or
for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve their
response to an emergency situation;
(68) records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Audit Subcommittee, established under Section 36-12-8, for an employment position with the
Legislature;
(69) work papers as defined in Section 31A-2-204;
(70) a record made available to Adult Protective Services or a law enforcement agency under
Section 61-1-206;
(71) a record submitted to the Insurance Department in accordance with Section 31 A-37-201;
(72) a record described in Section 31A-37-503;
(73) any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304(5) or 58-37f-702(2)(a)(ii);
(74) a record described in Section 72-16-306 that relates to the reporting of an injury involving an
amusement ride;
(75) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a political
petition, or on a request to withdraw a signature from a political petition, including a petition or
request described in the following titles:
(a)Title 10, Utah Municipal Code;
(b)Title 17, Counties;
(c)Title 17B, Limited Purpose Local Government Entities - Local Districts;
(d)Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e)Title 20A, Election Code;
(76) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a voter
registration record;
(77) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
described in Subsection (75) or (76), in the custody of the lieutenant governor or a local political
subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form 1-918 Supplement B certification as described in Title 77, Chapter 38, Part 5, Victims
Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Section 31A-48-103;
(80) personal information, as defined in Section 63G-26-102, to the extent disclosure is prohibited
under Section 63G-26-103;
(81) an image taken of an individual during the process of booking the individual into jail, unless:
(a) the individual is convicted of a criminal offense based upon the conduct for which the
individual was incarcerated at the time the image was taken;
(b) a law enforcement agency releases or disseminates the image:
(i) after determining that the individual is a fugitive or an imminent threat to an individual or
to public safety and releasing or disseminating the image will assist in apprehending the
individual or reducing or eliminating the threat; or
(ii) to a potential witness or other individual with direct knowledge of events relevant to a
criminal investigation or criminal proceeding for the purpose of identifying or locating an
individual in connection with the criminal investigation or criminal proceeding; or
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Utah Code
(c) a judge orders the release or dissemination of the image based on a finding that the release
or dissemination is in furtherance of a legitimate law enforcement interest;
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the Colorado
River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to negotiate
the best terms and conditions regarding the use of water in the Colorado River system; or
(iii) give an advantage to another state or to the federal government in negotiations regarding
the use of water in the Colorado River system;
(83) any part of an application described in Section 63N-16-201 that the Governor's Office of
Economic Opportunity determines is nonpublic, confidential information that if disclosed would
result in actual economic harm to the applicant, but this Subsection (83) may not be used to
restrict access to a record evidencing a final contract or approval decision;
(84) the following records of a drinking water or wastewater facility:
(a) an engineering or architectural drawing of the drinking water or wastewater facility; and
(b) except as provided in Section 63G-2-106, a record detailing tools or processes the drinking
water or wastewater facility uses to secure, or prohibit access to, the records described in
Subsection (84)(a); and
(85) a statement that an employee of a governmental entity provides to the governmental entity
as part of the governmental entity's personnel or administrative investigation into potential
misconduct involving the employee if the governmental entity:
(a) requires the statement under threat of employment disciplinary action, including possible
termination of employment, for the employee's refusal to provide the statement; and
(b) provides the employee assurance that the statement cannot be used against the employee in
any criminal proceeding.
Amended by Chapter 11, 2022 General Session
Amended by Chapter 109, 2022 General Session
Amended by Chapter 198, 2022 General Session
Amended by Chapter 201, 2022 General Session
Amended by Chapter 303, 2022 General Session
Amended by Chapter 335, 2022 General Session
Amended by Chapter 388, 2022 General Session
Amended by Chapter 391, 2022 General Session
Amended by Chapter 415, 2022 General Session
63G-2-305.5 Viewing or obtaining lists of signatures.
(1) The records custodian of a signature described in Subsection 63G-2-305(75) shall, upon
request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter
Registration:
(a) provide a list of the names of the individuals who signed the petition or request; and
(b) permit an individual to view, but not take a copy or other image of, the signatures on a political
petition described in Subsection 63G-2-305(75).
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(2) The records custodian of a signature described in Subsection 63G-2-305(76) shall, upon
request, except for a name or signature classified as private under Title 20A, Chapter 2, Voter
Registration:
(a) provide a list of the names of registered voters, excluding the names that are classified as
private under Title 20A, Chapter 2, Voter Registration; and
(b) except for a signature classified as private under Title 20A, Chapter 2, Voter Registration,
permit an individual to view, but not take a copy or other image of, the signature on a voter
registration record.
(3) Except for a signature classified as private under Title 20A, Chapter 2, Voter Registration, the
records custodian of a signature described in Subsection 63G-2-305(77) shall, upon request,
permit an individual to view, but not take a copy or other image of, a signature.
Amended by Chapter 231, 2021 General Session
63G-2-306 Procedure to determine classification.
(1) If more than one provision of this chapter could govern the classification of a record, the
governmental entity shall classify the record by considering the nature of the interests intended
to be protected and the specificity of the competing provisions.
(2) Nothing in Subsection 63G-2-302(2), Section 63G-2-304, or 63G-2-305 requires a
governmental entity to classify a record as private, controlled, or protected.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-307 Duty to evaluate records and make designations and classifications.
(1) A governmental entity shall:
(a) evaluate all record series that it uses or creates;
(b) designate those record series as provided by this chapter and Title 63A, Chapter 12, Division
of Archives and Records Service; and
(c) report the designations of its record series to the state archives.
(2) A governmental entity may classify a particular record, record series, or information within
a record at any time, but is not required to classify a particular record, record series, or
information until access to the record is requested.
(3) A governmental entity may redesignate a record series or reclassify a record or record series,
or information within a record at any time.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-308 Allowing or denying access based on status of information in a record.
Notwithstanding any other provision in this chapter, if a governmental entity receives a request
for access to a record that contains both information that the requester is entitled to inspect and
information that the requester is not entitled to inspect under this chapter, and, if the information
the requester is entitled to inspect is intelligible, the governmental entity:
(1) shall, except as provided in Subsection 63G-2-201(1)(b)(iii), allow access to information in the
record that the requester is entitled to inspect under this chapter; and
(2) may deny access to information in the record if the information is exempt from disclosure to the
requester, issuing a notice of denial as provided in Section 63G-2-205.
Amended by Chapter 334, 2019 General Session
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63G-2-309 Confidentiality claims.
(1)
(a)
(i) Any person who provides to a governmental entity a record that the person believes should
be protected under Subsection 63G-2-305(1) or (2) or both Subsections 63G-2-305(1) and
(2) shall provide with the record:
(A) a written claim of business confidentiality; and
(B) a concise statement of reasons supporting the claim of business confidentiality.
(ii) Any of the following who provides to an institution within the state system of higher
education defined in Section 5313-1-102 a record that the person or governmental entity
believes should be protected under Subsection 63G-2-305(40)(a)(ii) or (vi) or both
Subsections 63G-2-305(40)(a)(ii) and (vi) shall provide the institution within the state system
of higher education a written claim of business confidentiality in accordance with Section
5313-16-304:
(A) a person;
(B) a federal governmental entity;
(C) a state governmental entity; or
(D) a local governmental entity.
(b) A person or governmental entity who complies with this Subsection (1) shall be notified by the
governmental entity to whom the request for a record is made if:
(i) a record claimed to be protected under one of the following is classified public:
(A) Subsection 63G-2-305(1);
(B) Subsection 63G-2-305(2);
(C) Subsection 63G-2-305(40)(a)(ii);
(D) Subsection 63G-2-305(40)(a)(vi); or
(E) a combination of the provisions described in Subsections (1)(b)(i)(A) through (D); or
(ii) the governmental entity to whom the request for a record is made determines that the record
claimed to be protected under a provision listed in Subsection (1)(b)(i) should be released
after balancing interests under Subsection 63G-2-201(5)(b) or 63G-2-401(6).
(2)
(a) Except as provided in Subsection (2)(b) or by court order, the governmental entity to whom
the request for a record is made may not disclose a record claimed to be protected under a
provision listed in Subsection (1)(b)(i) but which the governmental entity or State Records
Committee determines should be disclosed until the period in which to bring an appeal
expires or the end of the appeals process, including judicial appeal.
(b) Subsection (2)(a) does not apply where the claimant, after notice, has waived the claim by not
appealing or intervening before the State Records Committee.
(3) Disclosure or acquisition of information under this chapter does not constitute misappropriation
under Subsection 13-24-2(2).
Amended by Chapter 254, 2019 General Session
63G-2-310 Records made public after 75 years.
(1) The classification of a record is not permanent and a record that was not classified public under
this act shall become a public record when the justification for the original or any subsequent
restrictive classification no longer exists. A record shall be presumed to be public 75 years
after its creation, except that a record that contains information about an individual 21 years old
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Utah Code
or younger at the time of the record's creation shall be presumed to be public 100 years after its
creation.
(2) Subsection (1) does not apply to records of unclaimed property held by the state treasurer in
accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
Renumbered and Amended by Chapter 382, 2008 General Session
Part 4
Appeals
63G-2-400.5 Definitions.
As used in this part:
(1) "Access denial" means a governmental entity's denial, under Subsection 63G-2-204(9) or
Section 63G-2-205, in whole or in part, of a record request.
(2) "Appellate affirmation" means a decision of a chief administrative officer, local appeals board,
or State Records Committee affirming an access denial.
(3) "Interested party" means a person, other than a requester, who is aggrieved by an access
denial or an appellate affirmation, whether or not the person participated in proceedings leading
to the access denial or appellate affirmation.
(4) "Local appeals board" means an appeals board established by a political subdivision under
Subsection 63G-2-701(5)(c).
(5) "Record request" means a request for a record under Section 63G-2-204.
(6) "Records committee appellant" means:
(a) a political subdivision that seeks to appeal a decision of a local appeals board to the State
Records Committee; or
(b) a requester or interested party who seeks to appeal to the State Records Committee a
decision affirming an access denial.
(7) "Requester" means a person who submits a record request to a governmental entity.
Amended by Chapter 254, 2019 General Session
Amended by Chapter 334, 2019 General Session
63G-2-401 Appeal to chief administrative officer -- Notice of the decision of the appeal.
(1)
(a) A requester or interested party may appeal an access denial to the chief administrative officer
of the governmental entity by filing a notice of appeal with the chief administrative officer
within 30 days after:
(i) the governmental entity sends a notice of denial under Section 63G-2-205, if the
governmental entity denies a record request under Subsection 63G-2-205(1); or
(ii) the record request is considered denied under Subsection 63G-2-204(9), if that subsection
applies.
(b) If a governmental entity claims extraordinary circumstances and specifies the date when
the records will be available under Subsection 63G-2-204(4), and, if the requester believes
the extraordinary circumstances do not exist or that the date specified is unreasonable,
the requester may appeal the governmental entity's claim of extraordinary circumstances
or date for compliance to the chief administrative officer by filing a notice of appeal with
Page 52
Utah Code
the chief administrative officer within 30 days after notification of a claim of extraordinary
circumstances by the governmental entity, despite the lack of a "determination" or its
equivalent under Subsection 63G-2-204(9).
(2) A notice of appeal shall contain:
(a) the name, mailing address, and daytime telephone number of the requester or interested
party; and
(b) the relief sought.
(3) The requester or interested party may file a short statement of facts, reasons, and legal
authority in support of the appeal.
(4)
(a) If the appeal involves a record that is the subject of a business confidentiality claim under
Section 63G-2-309, the chief administrative officer shall:
(i) send notice of the appeal to the business confidentiality claimant within three business days
after receiving notice, except that if notice under this section must be given to more than 35
persons, it shall be given as soon as reasonably possible; and
(ii) send notice of the business confidentiality claim and the schedule for the chief administrative
officer's determination to the requester or interested party within three business days after
receiving notice of the appeal.
(b) The business confidentiality claimant shall have seven business days after notice is sent by
the administrative officer to submit further support for the claim of business confidentiality.
(5)
(a) The chief administrative officer shall make a decision on the appeal within:
(i)
(A) 10 business days after the chief administrative officer's receipt of the notice of appeal; or
(B) five business days after the chief administrative officer's receipt of the notice of appeal,
if the requester or interested party demonstrates that an expedited decision benefits the
public rather than the requester or interested party; or
(ii) 12 business days after the governmental entity sends the notice of appeal to a person who
submitted a claim of business confidentiality.
(b)
(i) If the chief administrative officer fails to make a decision on an appeal of an access denial
within the time specified in Subsection (5)(a), the failure is the equivalent of a decision
affirming the access denial.
(ii) If the chief administrative officer fails to make a decision on an appeal under Subsection (1)
(b) within the time specified in Subsection (5)(a), the failure is the equivalent of a decision
affirming the claim of extraordinary circumstances or the reasonableness of the date
specified when the records will be available.
(c) The provisions of this section notwithstanding, the parties participating in the proceeding may,
by agreement, extend the time periods specified in this section.
(6) Except as provided in Section 63G-2-406, the chief administrative officer may, upon
consideration and weighing of the various interests and public policies pertinent to the
classification and disclosure or nondisclosure, order the disclosure of information properly
classified as private under Subsection 63G-2-302(2) or protected under Section 63G-2-305 if
the interests favoring access are greater than or equal to the interests favoring restriction of
access.
(7)
(a) The governmental entity shall send written notice of the chief administrative officer's decision
to all participants.
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Utah Code
(b) If the chief administrative officer's decision is to affirm the access denial in whole or in part,
the notice under Subsection (7)(a) shall include:
(i) a statement that the requester or interested party has the right to appeal the decision, as
provided in Section 63G-2-402, to:
(A) the State Records Committee or district court; or
(B) the local appeals board, if the governmental entity is a political subdivision and the
governmental entity has established a local appeals board;
(ii) the time limits for filing an appeal; and
(iii) the name and business address of:
(A) the executive secretary of the State Records Committee; and
(B) the individual designated as the contact individual for the appeals board, if the
governmental entity is a political subdivision that has established an appeals board under
Subsection 63G-2-701(5)(c).
(8) A person aggrieved by a governmental entity's classification or designation determination under
this chapter, but who is not requesting access to the records, may appeal that determination
using the procedures provided in this section. If a nonrequester is the only appellant, the
procedures provided in this section shall apply, except that the decision on the appeal shall be
made within 30 days after receiving the notice of appeal.
(9) The duties of the chief administrative officer under this section may be delegated.
Amended by Chapter 254, 2019 General Session
Amended by Chapter 334, 2019 General Session
63G-2-402 Appealing a decision of a chief administrative officer.
(1) If the decision of the chief administrative officer of a governmental entity under Section
63G-2-401 is to affirm the denial of a record request, the requester may:
(a)
(i) appeal the decision to the State Records Committee, as provided in Section 63G-2-403; or
(ii) petition for judicial review of the decision in district court, as provided in Section 63G-2-404;
or
(b) appeal the decision to the local appeals board if:
(i) the decision is of a chief administrative officer of a governmental entity that is a political
subdivision; and
(ii) the political subdivision has established a local appeals board.
(2) A requester who appeals a chief administrative officer's decision to the State Records
Committee or a local appeals board does not lose or waive the right to seek judicial review of
the decision of the State Records Committee or local appeals board.
(3) As provided in Section 63G-2-403, an interested party may appeal to the State Records
Committee a chief administrative officer's decision under Section 63G-2-401 affirming an
access denial.
Amended by Chapter 254, 2019 General Session
63G-2-403 Appeals to the State Records Committee.
(1)
(a) A records committee appellant appeals to the State Records Committee by filing a notice of
appeal with the executive secretary of the State Records Committee no later than 30 days
after the date of issuance of the decision being appealed.
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Utah Code
(b) Notwithstanding Subsection (1)(a), a requester may file a notice of appeal with the executive
secretary of the State Records Committee no later than 45 days after the day on which the
record request is made if:
(i) the circumstances described in Subsection 63G-2-401(1)(b) occur; and
(ii) the chief administrative officer fails to make a decision under Section 63G-2-401.
(2) The notice of appeal shall:
(a) contain the name, mailing address, and daytime telephone number of the records committee
appellant;
(b) be accompanied by a copy of the decision being appealed; and
(c) state the relief sought.
(3) The records committee appellant:
(a) shall, on the day on which the notice of appeal is filed with the State Records Committee,
serve a copy of the notice of appeal on:
(i) the governmental entity whose access denial is the subject of the appeal, if the records
committee appellant is a requester or interested party; or
(ii) the requester or interested party who is a party to the local appeals board proceeding that
resulted in the decision that the political subdivision is appealing to the committee, if the
records committee appellant is a political subdivision; and
(b) may file a short statement of facts, reasons, and legal authority in support of the appeal.
(4)
(a) Except as provided in Subsections (4)(b) and (c), no later than seven business days after
receiving a notice of appeal, the executive secretary of the State Records Committee shall:
(i) schedule a hearing for the State Records Committee to discuss the appeal at the next
regularly scheduled committee meeting falling at least 16 days after the date the notice of
appeal is filed but no longer than 64 calendar days after the date the notice of appeal was
filed except that the committee may schedule an expedited hearing upon application of the
records committee appellant and good cause shown;
(ii) send a copy of the notice of hearing to the records committee appellant; and
(iii) send a copy of the notice of appeal, supporting statement, and a notice of hearing to:
(A) each member of the State Records Committee;
(B) the records officer and the chief administrative officer of the governmental entity whose
access denial is the subject of the appeal, if the records committee appellant is a
requester or interested party;
(C) any person who made a business confidentiality claim under Section 63G-2-309 for a
record that is the subject of the appeal; and
(D) all persons who participated in the proceedings before the governmental entity's chief
administrative officer, if the appeal is of the chief administrative officer's decision affirming
an access denial.
(b)
(i) The executive secretary of the State Records Committee may decline to schedule a hearing
if the record series that is the subject of the appeal has been found by the committee in a
previous hearing involving the same governmental entity to be appropriately classified as
private, controlled, or protected.
(ii)
(A) If the executive secretary of the State Records Committee declines to schedule a hearing,
the executive secretary shall send a notice to the records committee appellant indicating
that the request for hearing has been denied and the reason for the denial.
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Utah Code
(B) The State Records Committee shall make rules to implement this section as provided by
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) The executive secretary of the State Records Committee may schedule a hearing on an
appeal to the State Records Committee at a regularly scheduled State Records Committee
meeting that is later than the period described in Subsection (4)(a)(i) if that committee
meeting is the first regularly scheduled State Records Committee meeting at which there are
fewer than 10 appeals scheduled to be heard.
(5)
(a) No later than five business days before the hearing, a governmental entity shall submit to the
executive secretary of the State Records Committee a written statement of facts, reasons,
and legal authority in support of the governmental entity's position.
(b) The governmental entity shall send a copy of the written statement by first class mail,
postage prepaid, to the requester or interested party involved in the appeal. The executive
secretary shall forward a copy of the written statement to each member of the State Records
Committee.
(6)
(a) No later than 10 business days after the day on which the executive secretary sends the
notice of appeal, a person whose legal interests may be substantially affected by the
proceeding may file a request for intervention with the State Records Committee.
(b) Any written statement of facts, reasons, and legal authority in support of the intervener's
position shall be filed with the request for intervention.
(c) The person seeking intervention shall provide copies of the statement described in
Subsection (6)(b) to all parties to the proceedings before the State Records Committee.
(7) The State Records Committee shall hold a hearing within the period of time described in
Subsection (4).
(8) At the hearing, the State Records Committee shall allow the parties to testify, present evidence,
and comment on the issues. The committee may allow other interested persons to comment
on the issues.
(9)
(a)
(i) The State Records Committee:
(A) may review the disputed records; and
(B) shall review the disputed records, if the committee is weighing the various interests under
Subsection (11).
(ii) A review of the disputed records under Subsection (9)(a)(i) shall be in camera.
(b) Members of the State Records Committee may not disclose any information or record
reviewed by the committee in camera unless the disclosure is otherwise authorized by this
chapter.
(10)
(a) Discovery is prohibited, but the State Records Committee may issue subpoenas or other
orders to compel production of necessary evidence.
(b) When the subject of a State Records Committee subpoena disobeys or fails to comply with
the subpoena, the committee may file a motion for an order to compel obedience to the
subpoena with the district court.
(c)
(i) The State Records Committee's review shall be de novo, if the appeal is an appeal from a
decision of a chief administrative officer:
(A) issued under Section 63G-2-401; or
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Utah Code
(B) issued by a chief administrative officer of a political subdivision that has not established a
local appeals board.
(ii) For an appeal from a decision of a local appeals board, the State Records Committee shall
review and consider the decision of the local appeals board.
(11)
(a) No later than seven business days after the hearing, the State Records Committee shall issue
a signed order:
(i) granting the relief sought, in whole or in part; or
(ii) upholding the governmental entity's access denial, in whole or in part.
(b) Except as provided in Section 63G-2-406, the State Records Committee may, upon
consideration and weighing of the various interests and public policies pertinent to the
classification and disclosure or nondisclosure, order the disclosure of information properly
classified as private, controlled, or protected if the public interest favoring access is greater
than or equal to the interest favoring restriction of access.
(c) In making a determination under Subsection (11)(b), the State Records Committee shall
consider and, where appropriate, limit the requester's or interested party's use and further
disclosure of the record in order to protect:
(i) privacy interests in the case of a private or controlled record;
(ii) business confidentiality interests in the case of a record protected under Subsection
63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records.
(12) The order of the State Records Committee shall include:
(a) a statement of reasons for the decision, including citations to this chapter, court rule or order,
another state statute, federal statute, or federal regulation that governs disclosure of the
record, if the citations do not disclose private, controlled, or protected information;
(b) a description of the record or portions of the record to which access was ordered or denied,
if the description does not disclose private, controlled, or protected information or information
exempt from disclosure under Subsection 63G-2-201(3)(b);
(c) a statement that any party to the proceeding before the State Records Committee may appeal
the committee's decision to district court; and
(d) a brief summary of the appeals process, the time limits for filing an appeal, and a notice that
in order to protect its rights on appeal, the party may wish to seek advice from an attorney.
(13) If the State Records Committee fails to issue a decision within 73 calendar days of the
filing of the notice of appeal, that failure is the equivalent of an order denying the appeal. A
records committee appellant shall notify the State Records Committee in writing if the records
committee appellant considers the appeal denied.
(14) A party to a proceeding before the State Records Committee may seek judicial review in
district court of a State Records Committee order by filing a petition for review of the order as
provided in Section 63G-2-404.
(15)
(a) Unless a notice of intent to appeal is filed under Subsection (15)(b), each party to the
proceeding shall comply with the order of the State Records Committee.
(b) If a party disagrees with the order of the State Records Committee, that party may file a
notice of intent to appeal the order.
(c) If the State Records Committee orders the governmental entity to produce a record and no
appeal is filed, or if, as a result of the appeal, the governmental entity is required to produce a
record, the governmental entity shall:
(i) produce the record; and
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Utah Code
(ii) file a notice of compliance with the committee.
(d)
(i) If the governmental entity that is ordered to produce a record fails to file a notice of
compliance or a notice of intent to appeal, the State Records Committee may do either or
both of the following:
(A) impose a civil penalty of up to $500 for each day of continuing noncompliance; or
(B) send written notice of the governmental entity's noncompliance to the governor.
(ii) In imposing a civil penalty, the State Records Committee shall consider the gravity and
circumstances of the violation, including whether the failure to comply was due to neglect or
was willful or intentional.
Amended by Chapter 254, 2019 General Session
63G-2-404 Judicial review.
(1)
(a) A petition for judicial review of an order or decision, as allowed under this part or in
Subsection 63G-2-701(6)(a)(ii), shall be filed no later than 30 days after the date of the order
or decision.
(b) The State Records Committee is a necessary party to a petition for judicial review of a State
Records Committee order.
(c) The executive secretary of the State Records Committee shall be served with notice of a
petition for judicial review of a State Records Committee order, in accordance with the Utah
Rules of Civil Procedure.
(2) A petition for judicial review is a complaint governed by the Utah Rules of Civil Procedure and
shall contain:
(a) the petitioner's name and mailing address;
(b) a copy of the State Records Committee order from which the appeal is taken, if the petitioner
is seeking judicial review of an order of the State Records Committee;
(c) the name and mailing address of the governmental entity that issued the initial determination
with a copy of that determination;
(d) a request for relief specifying the type and extent of relief requested; and
(e) a statement of the reasons why the petitioner is entitled to relief.
(3) If the appeal is based on the denial of access to a protected record based on a claim of
business confidentiality, the court shall allow the claimant of business confidentiality to provide
to the court the reasons for the claim of business confidentiality.
(4) All additional pleadings and proceedings in the district court are governed by the Utah Rules of
Civil Procedure.
(5) The district court may review the disputed records. The review shall be in camera.
(6)
(a) The court shall:
(i) make the court's decision de novo, but, for a petition seeking judicial review of a State
Records Committee order, allow introduction of evidence presented to the State Records
Committee;
(ii) determine all questions of fact and law without a jury; and
(iii) decide the issue at the earliest practical opportunity.
(b) A court may remand a petition for judicial review to the State Records Committee if:
(i) the remand is to allow the State Records Committee to decide an issue that:
(A) involves access to a record; and
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(B) the State Records Committee has not previously addressed in the proceeding that led to
the petition for judicial review; and
(ii) the court determines that remanding to the State Records Committee is in the best interests
of justice.
(7)
(a) Except as provided in Section 63G-2-406, the court may, upon consideration and weighing
of the various interests and public policies pertinent to the classification and disclosure or
nondisclosure, order the disclosure of information properly classified as private, controlled,
or protected if the interest favoring access is greater than or equal to the interest favoring
restriction of access.
(b) The court shall consider and, where appropriate, limit the requester's use and further
disclosure of the record in order to protect privacy interests in the case of private or controlled
records, business confidentiality interests in the case of records protected under Subsections
63G-2-305(1) and (2), and privacy interests or the public interest in the case of other
protected records.
Amended by Chapter 325, 2021 General Session
63G-2-405 Confidential treatment of records for which no exemption applies.
(1) A court may, on appeal or in a declaratory or other action, order the confidential treatment of
records for which no exemption from disclosure applies if:
(a) there are compelling interests favoring restriction of access to the record; and
(b) the interests favoring restriction of access clearly are greater than or equal to the interests
favoring access.
(2) If a governmental entity requests a court to restrict access to a record under this section, the
court shall require the governmental entity to pay the reasonable attorney fees and costs
incurred by the lead party in opposing the governmental entity's request, if:
(a) the court finds that no statutory or constitutional exemption from disclosure could reasonably
apply to the record in question; and
(b) the court denies confidential treatment under this section.
(3) This section does not apply to records that are specifically required to be public under
statutory provisions outside of this chapter or under Section 63G-2-301, except as provided in
Subsection (4).
(4)
(a) Access to drafts and empirical data in drafts may be limited under this section, but the court
may consider, in its evaluation of interests favoring restriction of access, only those interests
that relate to the underlying information, and not to the deliberative nature of the record.
(b) Access to original data in a computer program may be limited under this section, but the
court may consider, in its evaluation of interests favoring restriction of access, only those
interests that relate to the underlying information, and not to the status of that data as part of
a computer program.
(5) Except for the waiver of immunity in Subsection 63G-7-301(2)(e), a claim for attorney fees or
costs under this section is not subject to Chapter 7, Governmental Immunity Act of Utah.
Amended by Chapter 388, 2022 General Session
63G-2-406 Evidentiary standards for release of certain enforcement and litigation records.
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(1) A record that is classified as protected under Subsection 63G-2-305(10), (17), (18), (23), (24),
or (33) may be ordered to be disclosed under the provisions of Subsection 63G-2-401(6),
63G-2-403(11)(b), or 63G-2-404(7)(a) only if the person or party seeking disclosure of the
record has established, by a preponderance of the evidence, that the public interest favoring
access is equal to or greater than the interest favoring restriction of access.
(2) A record that is classified as protected under Subsection 63G-2-305(11) may be ordered to be
disclosed under the provisions of Subsection 63G-2-401(6), 63G-2-403(11)(b), or 63G-2-404(7)
only if the person or party seeking disclosure of the record has established, by clear and
convincing evidence, that the public interest favoring access is equal to or greater than the
interest favoring restriction of access.
Amended by Chapter 445, 2013 General Session
Part 5
State Records Committee
63G-2-501 State Records Committee created -- Membership -- Terms -- Vacancies --
Expenses.
(1) There is created the State Records Committee within the Department of Government
Operations consisting of the following seven individuals:
(a) an individual in the private sector whose profession requires the individual to create or
manage records that, if created by a governmental entity, would be private or controlled;
(b) an individual with experience with electronic records and databases, as recommended by a
statewide technology advocacy organization that represents the public, private, and nonprofit
sectors;
(c) the director of the Division of Archives and Records Services or the director's designee;
(d) two citizen members;
(e) one person representing political subdivisions, as recommended by the Utah League of Cities
and Towns; and
(f) one individual representing the news media.
(2) The governor shall appoint the members described in Subsections (1)(a), (b), (d), (e), and (f)
with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies.
(3)
(a) Except as provided in Subsection (3)(b), the governor shall appoint each member to a four-
yearterm.
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment or
reappointment, adjust the length of terms to ensure that the terms of committee members are
staggered so that approximately half of the committee is appointed every two years.
(c) Each appointed member is eligible for reappointment for one additional term.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed
for the unexpired term.
(5) A member of the State Records Committee may not receive compensation or benefits for
the member's service on the committee, but may receive per diem and travel expenses in
accordance with:
(a) Section 63A-3-106;
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Utah Code
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the conflict of
interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 344, 2021 General Session
63G-2-502 State Records Committee -- Duties.
(1) The State Records Committee shall:
(a) hear appeals from determinations of access under Section 63G-2-403;
(b) determine disputes submitted by the state auditor under Subsection 67-3-1(17)(d); and
(c) appoint a chair from among the committee's members.
(2) The State Records Committee may:
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
govern the committee's proceedings; and
(b) by order, after notice and hearing, reassign classification and designation for any record
series by a governmental entity if the governmental entity's classification or designation is
inconsistent with this chapter.
(3)
(a) The State Records Committee shall annually appoint an executive secretary to provide
administrative support to the committee.
(b) The executive secretary is not a voting member of the committee.
(4) Five members of the State Records Committee are a quorum for the transaction of business.
(5) The state archives shall provide staff and support services for the State Records Committee.
(6) If the State Records Committee reassigns the classification or designation of a record or record
series under Subsection (2)(b), any affected governmental entity or any other interested person
may appeal the reclassification or redesignation to the district court. The district court shall
hear the matter de novo.
(7) The Office of the Attorney General shall provide counsel to the State Records Committee.
Amended by Chapter 254, 2019 General Session
Part 6
Collection of Information and Accuracy of Records
63G-2-601 Rights of individuals on whom data is maintained -- Classification statement --
Notice to provider of information.
(1)
(a) Each governmental entity shall file with the state archivist a statement explaining the
purposes for which a record series that is designated as private or controlled is collected and
used by that governmental entity.
(b) The statement filed under Subsection (1)(a) is a public record.
(2)
(a) A governmental entity shall provide notice of the following to a person that is asked to furnish
information that could be classified as a private or controlled record:
(i) the reasons the person is asked to furnish the information;
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Utah Code
(ii) the intended uses of the information;
(iii) the consequences for refusing to provide the information; and
(iv) the classes of persons and the governmental entities that currently:
(A) share the information with the governmental entity; or
(B) receive the information from the governmental entity on a regular or contractual basis.
(b) The notice shall be:
(i) posted in a prominent place at all locations where the governmental entity collects the
information; or
(ii) included as part of the documents or forms that are used by the governmental entity to
collect the information.
(3) Upon request, each governmental entity shall explain to a person:
(a) the reasons the person is asked to furnish information that could be classified as a private or
controlled record;
(b) the intended uses of the information referred to in Subsection (3)(a);
(c) the consequences for refusing to provide the information referred to in Subsection (3)(a); and
(d) the reasons and circumstances under which the information referred to in Subsection (3)(a)
may be shared with or provided to other persons or governmental entities.
(4) A governmental entity may use private or controlled records only for those purposes:
(a) given in the statement filed with the state archivist under Subsection (1); or
(b) for which another governmental entity may use the record under Section 63G-2-206.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-602 Disclosure to subject of records -- Context of use.
When providing records under Subsection 63G-2-202(1) or when providing public records about
an individual to the persons specified in Subsection 63G-2-202(1), a governmental entity shall,
upon request, disclose the context in which the record is used.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-603 Requests to amend a record -- Appeals.
(1) Proceedings of state agencies under this section shall be governed by Title 63G, Chapter 4,
Administrative Procedures Act.
(2)
(a) Subject to Subsection (8), an individual may contest the accuracy or completeness of any
public, or private, or protected record concerning him by requesting the governmental entity
to amend the record. However, this section does not affect the right of access to private or
protected records.
(b) The request shall contain the following information:
(i) the requester's name, mailing address, and daytime telephone number; and
(ii) a brief statement explaining why the governmental entity should amend the record.
(3) The governmental entity shall issue an order either approving or denying the request to amend
as provided in Title 63G, Chapter 4, Administrative Procedures Act, or, if the act does not apply,
no later than 30 days after receipt of the request.
(4) If the governmental entity approves the request, it shall correct all of its records that contain the
same incorrect information as soon as practical. A governmental entity may not disclose the
record until it has amended it.
(5) If the governmental entity denies the request, it shall:
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Utah Code
(a) inform the requester in writing; and
(b) provide a brief statement giving its reasons for denying the request.
(6)
(a) If a governmental entity denies a request to amend a record, the requester may submit a
written statement contesting the information in the record.
(b) The governmental entity shall:
(i) file the requester's statement with the disputed record if the record is in a form such that the
statement can accompany the record or make the statement accessible if the record is not
in a form such that the statement can accompany the record; and
(ii) disclose the requester's statement along with the information in the record whenever the
governmental entity discloses the disputed information.
(7) The requester may appeal the denial of the request to amend a record pursuant to the
Administrative Procedures Act or, if that act does not apply, to district court.
(8) This section does not apply to records relating to title to real or personal property, medical
records, judicial case files, or any other records that the governmental entity determines must
be maintained in their original form to protect the public interest and to preserve the integrity of
the record system.
Renumbered and Amended by Chapter 382, 2008 General Session
63G-2-604 Retention and disposition of records.
(1)
(a) Except for a governmental entity that is permitted to maintain the governmental entity's own
retention schedules under Part 7, Applicability to Political Subdivisions, the Judiciary, and the
Legislature, each governmental entity shall file with the Records Management Committee
created in Section 63A-12-112 a proposed schedule for the retention and disposition of each
type of material that is defined as a record under this chapter.
(b) After a retention schedule is reviewed and approved by the Records Management Committee
under Subsection 63A-12-113(1)(b), the governmental entity shall maintain and destroy
records in accordance with the retention schedule.
(c) If a governmental entity subject to the provisions of this section has not received an approved
retention schedule from the Records Management Committee for a specific type of material
that is classified as a record under this chapter, the model retention schedule maintained by
the state archivist shall govern the retention and destruction of that type of material.
(2) A retention schedule that is filed with or approved by the Records Management Committee
under the requirements of this section is a public record.
Amended by Chapter 254, 2019 General Session
Part 7
Applicability to Political Subdivisions, the Judiciary, and the Legislature
63G-2-701 Political subdivisions may adopt ordinances in compliance with chapter --
Appeal process.
(1) As used in this section:
(a) "Access denial" means the same as that term is defined in Section 63G-2-400.5.
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Utah Code
(b) "Interested party" means the same as that term is defined in Section 63G-2-400.5.
(c) "Requester" means the same as that term is defined in Section 63G-2-400.5.
(2)
(a) Each political subdivision may adopt an ordinance or a policy applicable throughout its
jurisdiction relating to information practices including classification, designation, access,
denials, segregation, appeals, management, retention, and amendment of records.
(b) The ordinance or policy shall comply with the criteria set forth in this section.
(c) If any political subdivision does not adopt and maintain an ordinance or policy, then that
political subdivision is subject to this chapter.
(d) Notwithstanding the adoption of an ordinance or policy, each political subdivision is subject
to Part 1, General Provisions, Part 3, Classification, and Sections 63A-12-105, 63A-12-107,
63G-2-201, 63G-2-202, 63G-2-205, 63G-2-206, 63G-2-601, and 63G-2-602.
(e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed with the state
archives no later than 30 days after its effective date.
(f) The political subdivision shall also report to the state archives all retention schedules, and
all designations and classifications applied to record series maintained by the political
subdivision.
(g) The report required by Subsection (2)(f) is notification to state archives of the political
subdivision's retention schedules, designations, and classifications. The report is not subject
to approval by state archives. If state archives determines that a different retention schedule
is needed for state purposes, state archives shall notify the political subdivision of the state's
retention schedule for the records and shall maintain the records if requested to do so under
Subsection 63A-12-105(2).
(3) Each ordinance or policy relating to information practices shall:
(a) provide standards for the classification and designation of the records of the political
subdivision as public, private, controlled, or protected in accordance with Part 3,
Classification;
(b) require the classification of the records of the political subdivision in accordance with those
standards;
(c) provide guidelines for establishment of fees in accordance with Section 63G-2-203; and
(d) provide standards for the management and retention of the records of the political subdivision
comparable to Section 63A-12-103.
(4)
(a) Each ordinance or policy shall establish access criteria, procedures, and response times for
requests to inspect, obtain, or amend records of the political subdivision, and time limits for
appeals consistent with this chapter.
(b) In establishing response times for access requests and time limits for appeals, the political
subdivision may establish reasonable time frames different than those set out in Section
63G-2-204 and Part 4, Appeals, if it determines that the resources of the political subdivision
are insufficient to meet the requirements of those sections.
(5)
(a) A political subdivision shall establish an appeals process for persons aggrieved by
classification, designation, or access decisions.
(b) A political subdivision's appeals process shall include a process for a requester or interested
party to appeal an access denial to a person designated by the political subdivision as the
chief administrative officer for purposes of an appeal under Section 63G-2-401.
(c)
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Utah Code
(i) A political subdivision may establish an appeals board to decide an appeal of a decision of
the chief administrative officer affirming an access denial.
(ii) An appeals board established by a political subdivision shall be composed of three
members:
(A) one of whom shall be an employee of the political subdivision; and
(B) two of whom shall be members of the public who are not employed by or officials of
a governmental entity, at least one of whom shall have professional experience with
requesting or managing records.
(iii) If a political subdivision establishes an appeals board, any appeal of a decision of a chief
administrative officer shall be made to the appeals board.
(iv) If a political subdivision does not establish an appeals board, the political subdivision's
appeals process shall provide for an appeal of a chief administrative officer's decision to the
State Records Committee, as provided in Section 63G-2-403.
(6)
(a) A political subdivision or requester may appeal an appeals board decision:
(i) to the State Records Committee, as provided in Section 63G-2-403; or
(ii) by filing a petition for judicial review with the district court.
(b) The contents of a petition for judicial review under Subsection (6)(a)(ii) and the conduct of the
proceeding shall be in accordance with Sections 63G-2-402 and 63G-2-404.
(c) A person who appeals an appeals board decision to the State Records Committee does not
lose or waive the right to seek judicial review of the decision of the State Records Committee.
(7) Any political subdivision that adopts an ordinance or policy under Subsection (1) shall forward
to state archives a copy and summary description of the ordinance or policy.
Amended by Chapter 254, 2019 General Session
63G-2-702 Applicability to the judiciary.
(1) The judiciary is subject to the provisions of this chapter except as provided in this section.
(2)
(a) The judiciary is not subject to Part 4, Appeals, except as provided in Subsection (5).
(b) The judiciary is not subject to Part 5, State Records Committee, and Part 6, Collection of
Information and Accuracy of Records.
(c) The judiciary is subject to only the following sections in Part 9, Public Associations: Sections
63A-12-105 and 63A-12-106.
(3) The Judicial Council, the Administrative Office of the Courts, the courts, and other
administrative units in the judicial branch shall designate and classify their records in
accordance with Sections 63G-2-301 through 63G-2-305.
(4) Substantially consistent with the provisions of this chapter, the Judicial Council shall:
(a) make rules governing requests for access, fees, classification, designation, segregation,
management, retention, denials and appeals of requests for access and retention, and
amendment of judicial records;
(b) establish an appellate board to handle appeals from denials of requests for access and
provide that a requester who is denied access by the appellate board may file a lawsuit in
district court; and
(c) provide standards for the management and retention of judicial records substantially
consistent with Section 63A-12-103.
(5) Rules governing appeals from denials of requests for access shall substantially comply with the
time limits provided in Section 63G-2-204 and Part 4, Appeals.
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Utah Code
(6) Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management program in the
judicial branch; and
(b) as required by the judiciary, provide program services similar to those available to the
executive and legislative branches of government as provided in this chapter and Title 63A,
Chapter 12, Division of Archives and Records Service.
Amended by Chapter 369, 2012 General Session
63G-2-703 Applicability to the Legislature.
(1) The Legislature and its staff offices shall designate and classify records in accordance with
Sections 63G-2-301 through 63G-2-305 as public, private, controlled, or protected.
(2)
(a) The Legislature and its staff offices are not subject to Section 63G-2-203 or to Part 4,
Appeals, Part 5, State Records Committee, or Part 6, Collection of Information and Accuracy
of Records.
(b) The Legislature is subject to only the following sections in Title 63A, Chapter 12, Division of
Archives and Records Service: Sections 63A-12-102 and 63A-12-106.
(3) The Legislature, through the Legislative Management Committee:
(a) shall establish policies to handle requests for classification, designation, fees, access,
denials, segregation, appeals, management, retention, and amendment of records; and
(b) may establish an appellate board to hear appeals from denials of access.
(4) Policies shall include reasonable times for responding to access requests consistent with the
provisions of Part 2, Access to Records, fees, and reasonable time limits for appeals.
(5) Upon request, the state archivist shall:
(a) assist with and advise concerning the establishment of a records management program in the
Legislature; and
(b) as required by the Legislature, provide program services similar to those available to the
executive branch of government, as provided in this chapter and Title 63A, Chapter 12,
Division of Archives and Records Service.
Amended by Chapter 258, 2015 General Session
Part 8
Remedies
63G-2-801 Criminal penalties.
(1)
(a) A public employee or other person who has lawful access to any private, controlled, or
protected record under this chapter, and who intentionally discloses, provides a copy of, or
improperly uses a private, controlled, or protected record knowing that the disclosure or use is
prohibited under this chapter, is, except as provided in Subsection 53-5-708(1)(c), guilty of a
class B misdemeanor.
(b) It is a defense to prosecution under Subsection (1)(a) that the actor used or released private,
controlled, or protected information in the reasonable belief that the use or disclosure of the
Page 66
Utah Code
information was necessary to expose a violation of law involving government corruption,
abuse of office, or misappropriation of public funds or property.
(c) It is a defense to prosecution under Subsection (1)(a) that the record could have lawfully been
released to the recipient if it had been properly classified.
(d) It is a defense to prosecution under Subsection (1)(a) that the public employee or other
person disclosed, provided, or used the record based on a good faith belief that the
disclosure, provision, or use was in accordance with the law.
(2)
(a) A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any
private, controlled, or protected record to which the person is not legally entitled is guilty of a
class B misdemeanor.
(b) No person shall be guilty under Subsection (2)(a) who receives the record, information, or
copy after the fact and without prior knowledge of or participation in the false pretenses,
bribery, or theft.
(3)
(a) A public employee who intentionally refuses to release a record, the disclosure of which the
employee knows is required by law, is guilty of a class B misdemeanor.
(b) It is a defense to prosecution under Subsection (3)(a) that the public employee's failure to
release the record was based on a good faith belief that the public employee was acting in
accordance with the requirements of law.
(c) A public employee who intentionally refuses to release a record, the disclosure of which the
employee knows is required by a final unappealed order from a government entity, the State
Records Committee, or a court is guilty of a class B misdemeanor.
Amended by Chapter 254, 2019 General Session
63G-2-802 Injunction -- Attorney fees and costs.
(1) A district court in this state may enjoin any governmental entity or political subdivision that
violates or proposes to violate the provisions of this chapter.
(2)
(a) A district court may assess against any governmental entity or political subdivision reasonable
attorney fees and costs reasonably incurred in connection with a judicial appeal to determine
whether a requester is entitled to access to records under a records request, if the requester
substantially prevails.
(b) In determining whether to award attorney fees or costs under this section, the court shall
consider:
(i) the public benefit derived from the case;
(ii) the nature of the requester's interest in the records; and
(iii) whether the governmental entity's or political subdivision's actions had a reasonable basis.
(c) Attorney fees and costs shall not ordinarily be awarded if the purpose of the litigation is
primarily to benefit the requester's financial or commercial interest.
(3) Neither attorney fees nor costs may be awarded for fees or costs incurred during administrative
proceedings.
(4) Notwithstanding Subsection (2), a court may only award attorney fees and costs incurred in
connection with appeals to district courts under Subsection 63G-2-404(2) if the attorney fees
and costs were incurred 20 or more days after the requester provided to the governmental
entity or political subdivision a statement of position that adequately explains the basis for the
requester's position.
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Utah Code
(5) Except for the waiver of immunity in Subsection 63G-7-301(2)(e), a claim for attorney fees or
costs as provided in this section is not subject to Chapter 7, Governmental Immunity Act of
Utah.
Amended by Chapter 388, 2022 General Session
63G-2-803 No individual liability for certain decisions of a governmental entity.
(1) Neither the governmental entity, nor any officer or employee of the governmental entity, is liable
for damages resulting from the release of a record where the person or government requesting
the record presented evidence of authority to obtain the record even if it is subsequently
determined that the requester had no authority.
(2) Neither the governmental entity, nor any officer or employee of the governmental entity, is
liable for damages arising from the negligent disclosure of records classified as private under
Subsection 63G-2-302(1)(g) unless:
(a) the disclosure was of employment records maintained by the governmental entity; or
(b) the current or former government employee had previously filed the notice required by
Section 63G-2-303 and:
(i) the government entity did not take reasonable steps to preclude access or distribution of the
record; or
(ii) the release of the record was otherwise willfully or grossly negligent.
(3) A mailing from a government agency to an individual who has filed an application under Section
63G-2-303 is not a wrongful disclosure under this chapter or under Title 63A, Chapter 12,
Division of Archives and Records Service.
Amended by Chapter 426, 2013 General Session
63G-2-804 Violation of provision of chapter -- Penalties for intentional mutilation or
destruction -- Disciplinary action.
A governmental entity may take disciplinary action which may include suspension or discharge
against any employee of the governmental entity who intentionally violates any provision of this
chapter or Subsection 63A-12-105(3).
Amended by Chapter 44, 2009 General Session
Part 9
Public Associations
63G-2-901 Definitions -- Public associations subject to act.
(1) As used in this section:
(a) "Public association" means any association, organization, or society whose members include
elected or appointed public officials and for which public funds are used or paid to the public
association for membership dues or for other support for the official's participation in the
public association.
(b)
(i) "Public funds" means any money received by a public entity from appropriations, taxes, fees,
interest, or other returns on investment.
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Utah Code
(ii) "Public funds" does not include money donated to a public entity by a person or entity.
(2) The budget documents and financial statements of a public association shall be released
pursuant to a written request if 50% or more of the public association's:
(a) members are elected or appointed public officials from this state; and
(b) membership dues or other financial support come from public funds from this state.
Renumbered and Amended by Chapter 382, 2008 General Session
Page 69
GRAMA and
Retention
Salt Lake City Recorder's Office
Summer 2022
Retention
• Good records retention practices are the foundation for records
requests.
• All documents have a retention period
5f.VAI.UA13LE i TK15 }t, GOT 0+''1k-"
DO-C-UnE kTS 51 LXD = EASIEPI WREN I RrALIZED
[ STORED FOR = � Ar hhJDOD1' R
FIVE YEARS = AS?t5 FOR wf T;41N
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Retention Schedules
• All documents have a retention period.
- This means we must keep them for a certain amount of time
- We also must destroy them when retention is met
- Some records have a short retention of only a year or two, some we keep
much longer, and some are kept forever.
Check with the Recorder's Office for specifics!
• Title 63G, Chapter 2
Government • Enacted into law in 1991
Records • Balancing act between
- Public's right to access
Access - Guidelines for restrictions
Manae m e n t - Preventing abuse of
g confidentiality
Act
Records include :
11+ 01 M.1 1 gooks, letters, documents, papers,4B
maps, plans, photographs, films, cards,
l tapes, recordings, electronic data and
w other documentary materials that are:
5B I 5C
✓ Prepared
i
✓ Owned
✓ Received
I. ✓6B 6C
Retained
I
• Regardless of physical form or
characteristic
Classification (63G-2-301 - 305)
• Public
• Private
• Controlled
• Protected
r. �
PUBLIC RECORDS CENTER
Menu 41 GRAMA Requests
1F Home O
Please Search for Records Available Online Before Submitting a Request
& Submit a Request
Citizen's Access Portal
* View FAQs Permits,business licenses.event applications,planning petitions,property management,
service requests,and other address based information
i My Records Center Open Data SLC
Budget.building/planning permits,payroll,police calls/cases,and water consumption/usage.
■ Public Records Archive Utah Gov Open Data Catalog
Building permits,parks,and police.
O Salt Lake City Recorder's Office Salt Lake City Infobase
Agendas,minutes,ordinances,resolutions,and contracts.
FAQs See Aa FAQ;Q
Submitting a Request
Other Records View GRAMA Knowledge-Base Submit a Records Request(GRAMA)
Search for an answer to a specific question Submit a Public Records Request to the City
Fees Browse frequently asked questions
Initiating a Records Request
Record Classifications MEM111
Response Time My Records Center Public Records Archive
Track the status of requests.manage Review past published requests.
Status of Request account information,and download your
records by logging into your account.
City Code
To Request Multiple Items
Denial
Requirements
Zoning Verification
GRAMA - The Specifics !
• 10 business days to respond
- Does NOT count day of receipt, holidays, or
weekends NOW
• 5 business days to respond to expedited
requests • NEVER SOON
• Extensions can be requested
• Fee waivers are granted by the department LATER
pulling the record
2021 GRAMA Requests = 15, 976
H istorical Year End G RAM A Totals
16,500
16,000
15,500
15,000
14,500
14,000
13,-90D
13,006
12,500
12,E
2026 2017 2018 2019 2020 2021
GRAMA Statistical Breakdown
2021 GRAMA Requests by Type 2021 City GRAMA Requests by Department
Airport
233 Fire RDA
ity 706 Public Utilities
7 Public Services
Other
Mayor
Police Justice Court
14,299 IMS ■
HR
Finance
Economic Development ■
CAN
City Council ■
Attorney
■Airport ■City ■Fre Po ice 0 50 100 150 200 250 300 350 400 `�
Denials and Appeals
• Denials are issued for a variety of reasons
- Private, Controlled, or Confidential records
• Requester has 30 business days to appeal a denial
• City has 10 business days to respond to an appeal
• Requester may appeal City decision to
- State Records Committee
- District Court
Correspondence
• Usually a public record, depending on content and recipients
• The format of the record is less important than the content
- Text messages, social media, and voice mails are all records, even though
they sometimes seem less formal.
• Email Retention Policy recently adopted
- 7-year retention with some exceptions
Key Takeaways
• Everything a public employee
creates or receives is a record
• Records can be requested and
must be provided unless they
L _
classified as private, controlled, - ; ; , •
or protected. - ���► � • �,
• As long as you are respectful in -�
all your communications, it wont
really matter who asks for what.
Questions ? : a
• slcrecorder@slcgov.com -
• Keith . Reynolds@slcgov.com
• (801 ) 535-7671 - r_
i