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5 **Washington County Sheriff's Office**
6
7 **ADMINISTRATIVE DIVISION**
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9 Policy Manual
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11
12 Volume: AH
13
14 Administrative Procedures
15
16 Chapter: 04
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18 Government Records Access and Management Act (GRAMA)
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20
21 Replaces and/or Supersedes:
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23 None
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25
26 Published:
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28 03/20/2017
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30 Review Date:
31
Ryan Larkin 2.1 32 03/01/2022
Ryan Larkin 1.1 33
34
Ryan Larkin 2.1 35 Sheriff Nate Brooksby
Ryan Larkin 1.1 36
Ryan Larkin 2.1 37 Undersheriff Barry Golding
Ryan Larkin 1.1 38
39
40 __**TABLE OF CONTENTS**__
41
42 AH 04_101 Definitions
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44 AH 04_102 References
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46 AH 04_103 General
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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
64 **AH 04_103 __GENERAL__**
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66 1. Policy:
67 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.
68 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.
69 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.
70 11. The WCSO may charge a reasonable fee to cover the actual cost of duplicating or compiling a record.
71 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)
72 1. Rationale:
Ryan Larkin 2.1 73 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.
Ryan Larkin 1.1 74
75 **AH 04_104 __CLASSIFICATION OF RECORDS__**
76
77 1. Policy
78 11. The WCSO Records Unit shall evaluate and classify requested records following the receipt of the request.
79 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.
80 11. Records shall be classified as public or:
81 111. Private, as described in UCA § 63G-2-302 and 63G-2-303.
82 111. Controlled, as described in UCA § 63G-2-304.
83 111. Protected, as described in UCA § 63G-2-305.
84
85 **AH 04_105 __PROCEDURE__**
86
87 1. Policy
88 11. Requests for Records
Ryan Larkin 2.1 89 111. All requests for records shall be made in writing through the Records Unit.
Ryan Larkin 1.1 90 111. All requests for records shall be logged.
Ryan Larkin 2.1 91 111. 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 it is not already part of a classified series. If the record is not in WCSO custody the requester will be notified in writing.
92 111. 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.
Ryan Larkin 1.1 93 111. The written denial for a requested record shall notify the requester of the following:
94 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);
Ryan Larkin 2.1 95 1111. Citations to the provisions of this chapter, court rule or order, another state statute, a 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);
Ryan Larkin 1.1 96 1111. A statement that the requester has the right to appeal the denial to the chief administrative officer of the governmental entity; and
97 1111. The time limits for filing an appeal, and the name and business address of the chief administrative officer of the governmental entity.
98 111. 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:
Ryan Larkin 2.1 99 1111. A notification that the requester or the interested party has the right to appeal the decision, as provided in Section 63G-2-402, to:
Ryan Larkin 1.1 100 11111. The records committee or district court; or
101 11111. The local appeals board, if the governmental entity is a political subdivision and the governmental entity has established a local appeals board;
102 1111. The time limits for filing an appeal; and
103 11111. The name and business address of:
104 111111. The executive secretary of the records committee; and
105 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).
106 111. The Records Technician will document the status of the request throughout the request and appeal process.
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