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AH 04 - Government Records Access and Management Act (GRAMA)

Version 1.1 by Ryan Larkin on 2017/03/20 18:15

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume: AH

Administrative Procedures

Chapter: 04

Government Records Access and Management Act (GRAMA)

Replaces and/or Supersedes:

None

Published:

03/20/2017

Review Date:

03/20/2017

Sheriff Cory C. Pulsipher

Undersheriff James Standley

TABLE OF CONTENTS

AH 04_101 Definitions

AH 04_102 References

AH 04_103 General

AH 04_104 Classification of Records

AH 04_105 Procedure

AH 04_101  DEFINITIONS

  1. WCSO: Washington County Sheriff's Office
  2. PCF: Purgatory Correctional Facility
  3. GRAMA: Government Records Access and Management Act – UCA 63G-2-101

AH 04_102  REFERENCES

  1. Utah Code Annotated
    1. Title 63G Chapter 2:  Government Records Access and Management Act
  2. Utah Sheriff's Association Jail Standards
    1. B02.01.01:  Written policies and procedures governing management of and access to records in the custody of the jail
    2. B02.01.02:  GRAMA Requirements
    3. B02.01.03:  Duty to Classify Records
    4. B02.02.01:  Public Access
    5. B02.02.02:  Inmate Access
    6. B02.02.03:  Government Access
    7. B02.02.04:  Duplication of Records
    8. B02.02.05:  Fees for Duplication
    9. B02.03.01:  Records Access Restricted by Statute
    10. B02.03.02:  Records Restricted for Operational Necessity
    11. B02.03.03:  Classifying Records as Private
    12. B02.03.04:  Classifying Records as Controlled
    13. B02.03.05:  Classifying Records as Protected
    14. B02.03.06:  Denying Requests and Appeals

AH 04_103  GENERAL

  1. Policy:
    1. The WCSO shall accommodate the public's right of access to information concerning the conduct of the public's business; and the right of privacy in relation to personal data gathered by governmental entities, as required by the Government Records Access and Management Act (GRAMA), Chapter 2, Title 63G, Utah Code Annotated.
    2. The Public shall make written requests for records. This may be done in person during regular office hours, by letter directed to the records technician, or electronically through the WCSO website.
    3. Members of the public shall be permitted, during normal business hours, to request a duplicate copy of any record to which they have a right of access under GRAMA.
    4. The WCSO may charge a reasonable fee to cover the actual cost of duplicating or compiling a record.
    5. Persons denied access to records by the Records Unit may appeal the denial as outlined in UCA § 63G-2-401(1) through UCA § 63G-2-401(3)
  2. Rationale:
    1. The Government Records Access and Management Act is intended to balance the public's right to access information gathered by the government, individual privacy rights and governmental interests in restricting access to some records for the public good. GRAMA provides an avenue of appeal to persons denied access to records.

AH 04_104  CLASSIFICATION OF RECORDS

  1. Policy
    1. The WCSO Records Unit shall evaluate and classify requested records following the receipt of the request.
    2. In cases where the Records Unit does not have clear direction on approval or denial of records requests, the Records Technician will provide written notification of the request to the appropriate Division Chief and the County Attorney, or his designee.
    3. Records shall be classified as public or:
      1. Private, as described in UCA § 63G-2-302 and 63G-2-303.
      2. Controlled, as described in UCA § 63G-2-304.
      3. Protected, as described in UCA § 63G-2-305.

AH 04_105  PROCEDURE

  1. Policy
    1. Requests for Records
      1. All request for records shall be made in writing through the Records Unit.
      2. All requests for records shall be logged.
      3. Upon receipt of the request the Records Unit shall determine if the WCSO is the custodian of the record and if the record exists. If the record is in WCSO custody the custodian will review and classify the record as described in UCA § 63G-2-302 through UCA § 63G-2-305 if is is not already part of a classified series. If the record is not in WCSO custody the requester will be notified in writing.
      4. As needed, the Records Technician will review records requests with the Division Chief, Undersheriff and County Attorney prior to issuing the record or a written denial.
      5. The written denial for a requested record shall notify the requester of the following:
        1. 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);
        2. 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);
        3. A statement that the requester has the right to appeal the denial to the chief administrative officer of the governmental entity; and
        4. The time limits for filing an appeal, and the name and business address of the chief administrative officer of the governmental entity.
      6. Appeals of denied records shall be reviewed and replied to within 5 working days. The petitioner shall be notified in writing of denial as well as given:
        1. A notification that the requester or interested party has the right to appeal the decision, as provided in Section 63G-2-402, to:
          1. The records committee or district court; or
          2. The local appeals board, if the governmental entity is a political subdivision and the governmental entity has established a local appeals board;
        2. The time limits for filing an appeal; and
          1. The name and business address of:
            1. The executive secretary of the records committee; and
            2. 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).
      7. The Records Technician will document the status of the request throughout the request and appeal process.