013 of 2013 - Chapter 2.64, GRAMA records access 0 13-1
0 13-2
SALT LAKE CITY ORDINANCE
No. 13 of 2013
(Amending city records provisions.)
An ordinance amending chapter 2.64, Salt Lake City Code, to replace city code
provisions relating to access to City records with direct applicability of Utah's Government
Records Access and Management Act, Utah Code Section 63G-2-101 et seq.
WHEREAS, the Utah Legislature adopted the Government Records Access and
Management Act, 63G-2-101 et seq. ('`DRAMA") in 1991 recognizing the public's right of
access to information concerning the conduct of the public's business; the right of privacy in
relation to personal data gathered by government entities; and a public policy interest in allowing
a government to restrict access to certain records; and
WHEREAS, GRAMA authorizes a municipality to adopt its own ordinance governing
access to public records subject to certain minimum requirements, including the establishment of
an appeals process for persons aggrieved by classification, designation or access decisions; and
WHEREAS, the City adopted its own ordinance in 1994 as ordinance No. 85 of 1994;
and
WHEREAS, the appeal process adopted by the City in Salt Lake City Code Section
2.64.140 does not comply with the appeals board required by Utah Code Section 63G-2-
701(4)(b)(1); and
WHEREAS, the Council finds that the process required by Utah Code Section 63G-2-
701-401, providing for appeal to the city's chief administrative officer (or designee) would be a
more effective utilization of limited city resources than the appeal process required by Utah Code
Section 63G-2-701(4)(b)(i); and
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WHEREAS, the Council finds that the direct applicability of GRAMA adequately meets
the City's needs and that a separate city ordinance is not necessary.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 2.64.010, Salt Lake City Code, shall be and hereby is amended to
read as follows:
2.64.010: PURPOSE:
A. The purpose of this chapter is to provide, consistent with applicable state and
federal law, criteria and procedures relating to the records practices of the city including:
management and retention of city records and amendment to city records.
B. The City has decided not to adopt an ordinance relating to classification,
designation, access, denials, and appeals concerning city records as permitted by Utah Code
Section 63G-2-701(1)(a). The Provisions of the Utah Government Records Access and
Management Act, Utah Code Section 63G-2-101 et seq. or its successor provision directly
govern.
C. It is the intent of the city to:
1. Maintain and preserve accurate records;
2. Provide, on request, access, within a reasonable time and at a reasonable cost, to
city records which are defined by law as open to the public; and
3. Retain the security of city records; and records to which access is restricted
pursuant to a court rule, Utah statute, federal statute, or federal regulation.
SECTION 2. Section 2.64.020, Salt Lake City Code, shall be and hereby is repealed.
SECTION 3. Section 2.64.030, Salt Lake City Code, shall be and hereby is amended
and renumbered to read as follows:
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2.64.020 ACCESS TO PUBLIC RECORDS:
Access to City records is governed by the Utah Government Records Access and
Management Act, Utah Code Section 63G-2-101 et seq. or its successor provisions.
SECTION 4. Section 2.64.040, Salt Lake City Code, shall be and hereby is repealed.
SECTION 5. Section 2.64.050, Salt Lake City Code, shall be and hereby is repealed.
SECTION 6. Section 2.64.060, Salt Lake City Code, shall be and hereby is repealed.
SECTION 7. Section 2.64.070, Salt Lake City Code, shall be and hereby is repealed.
SECTION 8. Section 2.64.080, Salt Lake City Code, shall be and hereby is repealed.
SECTION 9. Section 2.64.090, Salt Lake City Code, shall be and hereby is repealed.
SECTION 10. Section 2.64.100, Salt Lake City Code, shall be and hereby is repealed.
SECTION 11. Section 2.64.110, Salt Lake City Code, shall be and hereby is, amended
and renumbered to read as follows:
2.64.030: RETENTION OF RECORDS:
All city records and records series shall be evaluated, designated, classified and
scheduled for retention consistent with the provisions this chapter the Utah Public Records
Management Act, Utah Code Section 63A-12-100 et seq. or its successor provision, and
applicable state and federal law. Scheduling for retention shall be conducted under the
supervision of the city recorder, who shall be assisted, as necessary, by the records committee
which is established in section 2.64.060 of this chapter, or its successor. Retention guidelines
shall be prepared and promulgated by the records committee.
SECTION 12. Section 2.64.120, Salt Lake City Code, shall be and hereby is repealed.
SECTION 13. Section 2.64.130, Salt Lake City Code, shall be and hereby is, amended
and renumbered to read as follows:
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2.64.040: FEES OR CHARGES FOR RECORDS SERVICES:
A. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for
paper to paper photocopying.
A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for the
following employee's time; however, no charge may be made for the first quarter hour of said
time:
1. The staff time incurred for summarizing or compiling the record into an organization
or media to meet the person's request;
2. The staff time incurred for search, retrieval, and other direct administrative time
incurred for complying with a request; and
3. In the case of a record that is the result of computer output other than word
processing, the actual incremental staff time incurred in providing the electronic
services and products together with a reasonable portion of the staff time associated
with formatting or interfacing the information for particular users, and the
administrative time as set forth in subsections Al and A2 of this section or its
successor.
B. 1. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for
copies of traffic accident reports of not more than the fee charge for similar reports by the
state of Utah.
2. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for
mylar or vellum prints twenty four inches by thirty six inches (24" x 36").
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3. A fee, as shown on the Salt Lake City consolidated fee schedule, per square foot may
be charged for prints made on mylar or vellum sheets larger than twenty four inches by
thirty six inches (24" x 36").
4. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for a
copy of a size C blueprint.
5. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for a
copy produced on a microfilm printer which utilizes silver paper.
6. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for a
copy made from microfilm utilizing a plain paper printer.
7. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged for a
copy from a photograph.
8. A fee, as shown on the Salt Lake City consolidated fee schedule, may be charged to
copy recording tapes or, to copy computer readable records to a computer readable
form (e.g., disks).
SECTION 14. Section 2.64.140, Salt Lake City Code, shall be and hereby is amended
and renumbered to read as follows:
2.64.050: APPEALS TO CITY'S CHIEF ADMINISTRATIVE OFFICER:
Pursuant to Utah Code Section 63G-2-205(2)(c) and Section 63G-2-401 or their
successor provisions, if the city denies a request for city records in whole or in part, the requestor
has the right to appeal the denial within thirty (30) days to the City's chief administrative officer.
SECTION 15. Section 2.64.150, Salt Lake City Code, shall be and hereby is repealed.
SECTION 16. Section 2.64.160, Salt Lake City Code, shall be and hereby is amended
and renumbered to read as follows:
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2.64.060: CITY'S RECORDS COMMITTEE:
A. The city recorder's office shall oversee and coordinate the city's records
management and archives activities in compliance with the Utah Public Records Management
Act, Utah Code Section 63A-12-100 et seq. or it successor provisions and other applicable state
and federal laws.
B. There is created the records committee, to be chaired by the city recorder or
designee. Members of the records committee shall include, but not be limited to, the city recorder
or designee, a representative from each department, a representative from the mayor's office and
a representative from the city council office. The records committee shall meet periodically, as
determined by the records committee, and the city recorder or designee. Records of the records
committee shall be maintained by the city recorder's office.
C. Each department and the city council office shall appoint a records representative
to assist with and be directly responsible for the implementation of this chapter regarding their
records. Regular training shall be coordinated under the direction of the records committee.
D. The records committee shall develop, as needed, records management policies
and procedures to govern and implement the provisions of this chapter the Utah Public Records
Management Act, Utah Code Section 63A-12-100 et seq. or it successor provisions and other
applicable state and federal laws. Approval and promulgation of records policies and procedures
shall be in accordance with the provisions of this chapter the Utah Public Records Management
Act, Utah Code Section 63A-12-100 et seq. or it successor provisions and other applicable state
and federal laws. Copies of all rules and policies promulgated under this chapter shall be
forwarded to the Utah state division of archives.
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SECTION 17. Section 2.64.170, Salt Lake City Code, shall be and hereby is amended
and renumbered to read as follows:
2.64.070: DEVELOPMENT OF POLICIES AND GUIDELINES RELATING TO
RETENTION AND MAINTENANCE OF CITY RECORDS:
A. The records committee shall develop implementation policies and guidelines
relating to the retention and maintenance of city records. Records maintenance policies and
procedures shall be developed to ensure that due care is taken to maintain and preserve city
records. Policies and regulations regarding types and formats of papers, inks, electronic media,
and other records and information storage media, materials, equipment and techniques shall be
developed and promulgated by the records committee.
B. Property rights to city records may not be permanently transferred from the city to
any private individual or entity, including those legally disposable as obsolete city records. This
prohibition does not include the providing of copies of city records otherwise produced for
release or distribution under this chapter.
SECTION 18. Section 2.64.180, Salt Lake City Code, shall be and hereby is amended
and renumbered to read as follows:
2.64.080: RECEIVING, STORING AND PRESERVING CITY RECORDS:
It is the responsibility of the city recorder to receive, store and preserve city records and
to store in compliance with this chapter. Policies and guidelines regarding the nature of records
and record series which are to be received and stored by the city shall be developed and
promulgated by the city recorder. The office of the city recorder shall be considered the formal
and official repository of city records including historical records.
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SECTION 19. Section 2.64.190, Salt Lake City Code, shall be and hereby is amended
and renumbered to read as follows:
2.64.090: COMPUTERIZED RECORDS:
A. The city retains and reserves to itself the right to use any type of nonverbal or
nonwritten formats to store, maintain or retrieve city records which are not prohibited by state
statute, and does not compromise legal requirements for record storage, retrieval, security and
maintenance.
B. All data retained on computer, data processing or electronic information systems
shall be kept and maintained with due diligence to protect the security of any record which is
considered nonpublic under this chapter. The records committee shall develop policies and
regulations regarding the nature and duration of the storage of any public or nonpublic record,
contained or stored upon nonwritten formats or data processing systems.
SECTION 20. Section 2.64.200, Salt Lake City Code, shall be and hereby is renumbered
as follows:
2.64.100: ACCOMMODATIONS FOR PERSONS WITH DISABILITIES:
SECTION 21. Section 2.64.210, Salt Lake City Code, shall be and hereby is repealed.
SECTION 22. Section 2.64.220, Salt Lake City Code, shall be and hereby is renumbered
as follows:
2.64.110: DISCIPLINARY ACTION FOR KNOWING VIOLATION OF THIS
CHAPTER:
SECTION 23. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 26th _day of
March , 2013.
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II
Cl ' IiRPE •Sr
ATTEST:
Ci Y RECORDER
March 27, 2013 /C T �
Transmitted to the Mayor on v Tay
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Mayor's Action: X Approved. Vetoed. �; , fa � ,t
�; Cl �Li�\�'n Tie•.°: Z;J
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MA' o '�
ATTEST:
- 7i1JG�j
RECORDER APPROVED AS TO FORM
Salt Lake City Att rney's Office
Date 3/9 13 -
(SEAL) By �(»
Bill No. 13 of 2013.
Published: April 9, 2013 •
HB_ATTY-#25474-v2-Ordin rncc_Amending_Chapter_2_64_City_recordsjrovisions.DOCX
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