Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Arrest: Taking physical custody of a person by lawful authority.
Audit: means :
(a)
a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or
(b)
a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations. See Utah Code 63G-2-103
Computer program: means :
(i)
a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system; and
(ii)
any associated documentation and source material that explain how to operate the computer program. See Utah Code 63G-2-103
Contract: A legal written agreement that becomes binding when signed.
Contractor: means :
(i)
any person who contracts with a governmental entity to provide goods or services directly to a governmental entity; or
(ii)
any private, nonprofit organization that receives funds from a governmental entity. See Utah Code 63G-2-103
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Elected official: means each person elected to a state office, county office, municipal office, school board or school district office, special district office, or special service district office, but does not include judges. See Utah Code 63G-2-103
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Governmental entity: means :
(i)
executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;
(ii)
the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;
(iii)
courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;
(iv)
any state-funded institution of higher education or public education; or
(v)
any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103
Gross compensation: means every form of remuneration payable for a given period to an individual for services provided including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer. See Utah Code 63G-2-103
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:
(i)
that is prepared, owned, received, or retained by a governmental entity or political subdivision; and
(ii)
where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(a)
“Business address” means a single address of a governmental agency designated for the public to contact an employee or officer of the governmental agency.
(b)
“Business email address” means a single email address of a governmental agency designated for the public to contact an employee or officer of the governmental agency.
(c)
“Business telephone number” means a single telephone number of a governmental agency designated for the public to contact an employee or officer of the governmental agency.
(d)
“Correctional facility” means the same as that term is defined in Section 77-16b-102.
(2)
The following records are public except to the extent they contain information expressly permitted to be treated confidentially under the provisions of Subsections 63G-2-201(3)(b) and (6)(a):
(a)
laws;
(b)
the name, gender, gross compensation, job title, job description, business address, business email address, business telephone number, number of hours worked per pay period, dates of employment, and relevant education, previous employment, and similar job qualifications of a current or former employee or officer of the governmental entity, excluding:
(i)
undercover law enforcement personnel; and
(ii)
investigative personnel if disclosure could reasonably be expected to impair the effectiveness of investigations or endanger any individual‘s safety;
(c)
final opinions, including concurring and dissenting opinions, and orders that are made by a governmental entity in an administrative, adjudicative, or judicial proceeding except that if the proceedings were properly closed to the public, the opinion and order may be withheld to the extent that they contain information that is private, controlled, or protected;
(d)
final interpretations of statutes or rules by a governmental entity unless classified as protected as provided in Subsection 63G-2-305(17) or (18);
(e)
information contained in or compiled from a transcript, minutes, or report of the open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open and Public Meetings Act, including the records of all votes of each member of the governmental entity;
(f)
judicial records unless a court orders the records to be restricted under the rules of civil or criminal procedure or unless the records are private under this chapter;
(g)
unless otherwise classified as private under Section 63G-2-303, records or parts of records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or other governmental entities that give public notice of:
(i)
titles or encumbrances to real property;
(ii)
restrictions on the use of real property;
(iii)
the capacity of persons to take or convey title to real property; or
(iv)
tax status for real and personal property;
(h)
records of the Department of Commerce that evidence incorporations, mergers, name changes, and uniform commercial code filings;
(i)
data on individuals that would otherwise be private under this chapter if the individual who is the subject of the record has given the governmental entity written permission to make the records available to the public;
(j)
documentation of the compensation that a governmental entity pays to a contractor or private provider;
(k)
summary data;
(l)
voter registration records, including an individual’s voting history, except for a voter registration record or those parts of a voter registration record that are classified as private under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection 20A-2-104(7);
(m)
for an elected official, as defined in Section 11-47-102, a telephone number, if available, and email address, if available, where that elected official may be reached as required in Title 11, Chapter 47, Access to Elected Officials;
(n)
for a school community council member, a telephone number, if available, and email address, if available, where that elected official may be reached directly as required in Section 53G-7-1203;
(o)
annual audited financial statements of the Utah Educational Savings Plan described in Section 53B-8a-111; and
(p)
an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as defined in Section 20A-7-101, after the packet is submitted to a county clerk.
(3)
The following records are normally public, but to the extent that a record is expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b), Section 63G-2-302, 63G-2-304, or 63G-2-305:
(a)
administrative staff manuals, instructions to staff, and statements of policy;
(b)
records documenting a contractor’s or private provider’s compliance with the terms of a contract with a governmental entity;
(c)
records documenting the services provided by a contractor or a private provider to the extent the records would be public if prepared by the governmental entity;
(d)
contracts entered into by a governmental entity;
(e)
any account, voucher, or contract that deals with the receipt or expenditure of funds by a governmental entity;
(f)
records relating to government assistance or incentives publicly disclosed, contracted for, or given by a governmental entity, encouraging a person to expand or relocate a business in Utah, except as provided in Subsection 63G-2-305(35);
(g)
chronological logs and initial contact reports;
(h)
correspondence by and with a governmental entity in which the governmental entity determines or states an opinion upon the rights of the state, a political subdivision, the public, or any person;
(i)
empirical data contained in drafts if:
(i)
the empirical data is not reasonably available to the requester elsewhere in similar form; and
(ii)
the governmental entity is given a reasonable opportunity to correct any errors or make nonsubstantive changes before release;
(j)
drafts that are circulated to anyone other than:
(i)
a governmental entity;
(ii)
a political subdivision;
(iii)
a federal agency if the governmental entity and the federal agency are jointly responsible for implementation of a program or project that has been legislatively approved;
(iv)
a government-managed corporation; or
(v)
a contractor or private provider;
(k)
drafts that have never been finalized but were relied upon by the governmental entity in carrying out action or policy;
(l)
original data in a computer program if the governmental entity chooses not to disclose the program;
(m)
arrest warrants after issuance, except that, for good cause, a court may order restricted access to arrest warrants prior to service;
(n)
search warrants after execution and filing of the return, except that a court, for good cause, may order restricted access to search warrants prior to trial;
(o)
records that would disclose information relating to formal charges or disciplinary actions against a past or present governmental entity employee if:
(i)
the disciplinary action has been completed and all time periods for administrative appeal have expired; and
(ii)
the charges on which the disciplinary action was based were sustained;
(p)
records maintained by the Division of Forestry, Fire, and State Lands, the School and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that evidence mineral production on government lands;
(q)
final audit reports;
(r)
occupational and professional licenses;
(s)
business licenses;
(t)
a notice of violation, a notice of agency action under Section 63G-4-201, or similar records used to initiate proceedings for discipline or sanctions against persons regulated by a governmental entity, but not including records that initiate employee discipline; and
(u)
(i)
records that disclose a standard, regulation, policy, guideline, or rule regarding the operation of a correctional facility or the care and control of inmates committed to the custody of a correctional facility; and
(ii)
records that disclose the results of an audit or other inspection assessing a correctional facility’s compliance with a standard, regulation, policy, guideline, or rule described in Subsection (3)(u)(i).
(4)
The list of public records in this section is not exhaustive and should not be used to limit access to records.
Amended by Chapter 255, 2020 General Session Amended by Chapter 399, 2020 General Session
