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5 **Washington County Sheriff's Office**
6
7 **ADMINISTRATIVE DIVISION**
8
9 Policy Manual
10
11
12 Volume: AH
13
14 Administrative Procedures
15
16 Chapter: 04
17
18 Government Records Access and Management Act (GRAMA)
19
20
21 Replaces and/or Supersedes:
22
23 None
24
25
26 Published:
27
28 03/20/2017
29
30 Review Date:
31
32 03/20/2017
33
34
35 Sheriff Cory C. Pulsipher
36
37 Undersheriff James Standley
38
39
40 __**TABLE OF CONTENTS**__
41
42 AH 04_101 Definitions
43
44 AH 04_102 References
45
46 AH 04_103 General
47
48 AH 04_104 Classification of Records
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50 AH 04_105 Procedure
51
52
53 **AH 04_101 __DEFINITIONS__**
54
55 1. WCSO: Washington County Sheriff's Office
56 1. PCF: Purgatory Correctional Facility
57 1. GRAMA: Government Records Access and Management Act – UCA 63G-2-101
58
59 **AH 04_102 __REFERENCES__**
60
61 1. Utah Code Annotated
62 11. Title 63G Chapter 2: Government Records Access and Management Act
63 1. Utah Sheriff's Association Jail Standards
64 11. B02.01.01: Written policies and procedures governing management of and access to records in the custody of the jail
65 11. B02.01.02: GRAMA Requirements
66 11. B02.01.03: Duty to Classify Records
67 11. B02.02.01: Public Access
68 11. B02.02.02: Inmate Access
69 11. B02.02.03: Government Access
70 11. B02.02.04: Duplication of Records
71 11. B02.02.05: Fees for Duplication
72 11. B02.03.01: Records Access Restricted by Statute
73 11. B02.03.02: Records Restricted for Operational Necessity
74 11. B02.03.03: Classifying Records as Private
75 11. B02.03.04: Classifying Records as Controlled
76 11. B02.03.05: Classifying Records as Protected
77 11. B02.03.06: Denying Requests and Appeals
78
79 **AH 04_103 __GENERAL__**
80
81 1. Policy:
82 11. 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.
83 11. 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.
84 11. 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.
85 11. The WCSO may charge a reasonable fee to cover the actual cost of duplicating or compiling a record.
86 11. 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)
87 1. Rationale:
88 11. 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.
89
90 **AH 04_104 __CLASSIFICATION OF RECORDS__**
91
92 1. Policy
93 11. The WCSO Records Unit shall evaluate and classify requested records following the receipt of the request.
94 11. 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.
95 11. Records shall be classified as public or:
96 111. Private, as described in UCA § 63G-2-302 and 63G-2-303.
97 111. Controlled, as described in UCA § 63G-2-304.
98 111. Protected, as described in UCA § 63G-2-305.
99
100 **AH 04_105 __PROCEDURE__**
101
102 1. Policy
103 11. Requests for Records
104 111. All request for records shall be made in writing through the Records Unit.
105 111. All requests for records shall be logged.
106 111. 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.
107 111. 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.
108 111. The written denial for a requested record shall notify the requester of the following:
109 1111. 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);
110 1111. 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);
111 1111. A statement that the requester has the right to appeal the denial to the chief administrative officer of the governmental entity; and
112 1111. The time limits for filing an appeal, and the name and business address of the chief administrative officer of the governmental entity.
113 111. 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:
114 1111. A notification that the requester or interested party has the right to appeal the decision, as provided in Section 63G-2-402, to:
115 11111. The records committee or district court; or
116 11111. The local appeals board, if the governmental entity is a political subdivision and the governmental entity has established a local appeals board;
117 1111. The time limits for filing an appeal; and
118 11111. The name and business address of:
119 111111. The executive secretary of the records committee; and
120 111111. 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).
121 111. The Records Technician will document the status of the request throughout the request and appeal process.
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