Chapter 3 - Government Records Access and Management

Footnotes:

--- (1) --- Editor's note— Ord. No. 26-02-01, § II, adopted February 5, 2026, amended Chapter 3 in its entirety to read as herein set out. Former Chapter 3, §§ 4-3-1—4-3-16, pertained to similar subject matter, and derived from Ord. 21-07-03, 7/15/2021, and this Code's original publication.

4-3-1 - General Purpose.#

The City seeks to establish guidelines for open government information recognizing the need to maintain and preserve accurate records, provide public access to public records, and preserve the right of privacy of personal data collected or received by the City.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-2 - City Policy.#

The City recognizes the enactment of Government Records Access and Management Act by the Utah State Legislature (Sections 63-2-10l et seq., Utah Code Annotated, 1953) and the application of that Act to City records. The purpose of this Chapter is to conform to Section 63-2-701 which provides that each political subdivision may adopt an ordinance or a policy relating to information practices including classification, designation, access, denials, segregation, appeals, management, retention and amendment of records. The intent of this policy is to provide modifications to the general provisions of state law, where allowed, to meet the public needs, operation, management capabilities and resources of the City.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-3 - Compliance with State Law.#

Unless otherwise expressly provided in this Chapter, the City adopts and shall comply with the Government Records Access and Management Act (GRAMA), Utah Code Title 63G, Chapter 2, as amended. If any provision of this Chapter conflicts with GRAMA, the state statute shall control.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-4 - Public Right to Records.#

1.

Members of the public shall have the right to see, review, examine and take copies, in any format maintained by the City, of all City governmental records defined as "public" under the provisions of this Chapter, upon the payment of the lawful fee and pursuant to the provisions of this Chapter and the Act.

2.

The City has no obligation to create a record or record series in response to a request from a member of the public, if the record requested is not otherwise regularly maintained or kept.

3.

When a record is temporarily held by a custodial City agency, pursuant to that custodial agency's statutory functions, such as records storage, investigation, litigation or audit, the record shall not be considered a record of the custodial agency for the purposes of this Chapter. The record shall be considered a record of the City and any requests for access to such records shall be directed to the City, rather than the custodial agency, pursuant to these procedures.

4.

Original documents shall not leave the custody of the City. Document inspection will occur in the conference area of the administrative office building or such other area designated by the Records Officer. Private citizens will not be allowed in the vault where original documents are maintained. The appropriate documents and/or files given to the individual will be accounted for after the individual's inspection and prior to departure from the City offices.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-5 - Privacy Rights.#

1.

The City recognizes and upholds the personal right of privacy retained by persons who may be the subject of governmental records.

2.

The City may, as determined appropriate by the City Manager, notify the subject of a record that a request for access to the subject's record has been made.

3.

The City may require that the requester of records provide a written release, notarized within thirty (30) days before the request, from the subject of the records before access to such records is provided.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-6 - Designation, Classification, and Retention.#

All City records and record series, of any format, shall be designated, classified and scheduled for retention according to the provisions of GRAMA and this Chapter. Unless otherwise expressly designated in the City's records retention schedule maintained by the state archives, all City records shall be classified and retained in accordance with the state records retention schedule. Records designation, classification, and retention scheduling shall be conducted under the supervision of the City Manager.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-7 - Procedures for Records Request.#

A records requester shall fill out and present the City a written request on forms provided by the City. The date and time of the request shall be noted on the written request form and all time forms provided under this Chapter shall commence from that time and date.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-8 - Fees.#

Applicable fees for processing requests under this Chapter shall be based on the City's actual cost pursuant to Utah Code Section 63G-2-203, unless otherwise provided in the city's consolidated fee schedule.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-9 - Reasonable Accommodation.#

Reasonable accommodations regarding access to governmental records shall be provided to persons with disabilities in accordance with the Americans with Disabilities Act upon request of the applicant.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-10 - Records Amendments.#

Government records held by the City may be amended or corrected as needed. Requests for amendments, corrections, or other changes shall be made in writing to the City having custody of the records and setting forth, with specificity, the amendment or correction requested. When an amendment or correction of a government record is made, both the original record and the amended or corrected record shall be retained, unless provided otherwise by the Act or other state or federal law.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-11 - Records Officer.#

The City Recorder shall oversee and coordinate records access, management and archives activities.

(Ord. 26-02-01, § II, 2/5/2026)

4-3-12 - Records Maintenance.#

1.

Records maintenance procedures shall be developed to ensure that due care is taken to maintain and preserve City records safely and accurately over the long term. The City Recorder shall be responsible for monitoring the application and use of technical processes in the creation, duplication, and disposal of City records. The Recorder shall monitor compliance with required standards of quality, permanence, and admissibility pertaining to the creation, use, and maintenance of records.

2.

All City records shall remain the property of the City unless federal or state legal authority provides otherwise. Property rights to City records may not be permanently transferred from the City to any private individual or entity, including those legally disposable obsolete City records. This prohibition does not include the providing of copies of City records otherwise produced for release or distribution under this Chapter.

3.

Custodians of any City records shall, at the expiration of their terms of office, appointment or employment, deliver custody and control of all records kept or received by them to their successors, supervisors or to the City Manager.

(Ord. 26-02-01, § II, 2/5/2026)