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
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Subpoena: A command to a witness to appear and give testimony.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
(a)
“At-risk government employee” means a current or former:
state or local government employee who, because of the unique nature of the employee’s regular work assignments or because of one or more recent credible threats directed to or against the employee, would be at immediate and substantial risk of physical harm if the employee’s personal information is disclosed.
(b)
“Family member” means the spouse, child, sibling, parent, or grandparent of an at-risk government employee who is living with the employee.
(c)
“Personal information” means the employee’s or the employee’s family member’s home address, home telephone number, personal mobile telephone number, personal pager number, personal email address, social security number, insurance coverage, marital status, or payroll deductions.
(2)
(a)
Pursuant to Subsection 63G-2-302(1)(h), an at-risk government employee may file a written application that:
(i)
gives notice of the employee’s status as an at-risk government employee to each agency of a government entity holding a record or a part of a record that would disclose the employee’s personal information; and
(ii)
requests that the government agency classify those records or parts of records as private.
(b)
An at-risk government employee desiring to file an application under this section may request assistance from the government agency to identify the individual records containing personal information.
(c)
Each government agency shall develop a form that:
(i)
requires the at-risk government employee to designate each specific record or part of a record containing the employee’s personal information that the applicant desires to be classified as private;
(ii)
affirmatively requests that the government entity holding those records classify them as private;
(iii)
informs the employee that by submitting a completed form the employee may not receive official announcements affecting the employee’s property, including notices about proposed municipal annexations, incorporations, or zoning modifications; and
(iv)
contains a place for the signature required under Subsection (2)(d).
(d)
A form submitted by an employee under Subsection (2)(c) shall be signed by the highest ranking elected or appointed official in the employee’s chain of command certifying that the employee submitting the form is an at-risk government employee.
(3)
A county recorder, county treasurer, county auditor, or a county tax assessor may fully satisfy the requirements of this section by:
(a)
providing a method for the assessment roll and index and the tax roll and index that will block public access to the home address, home telephone number, situs address, and Social Security number; and
(b)
providing the at-risk government employee requesting the classification with a disclaimer informing the employee that the employee may not receive official announcements affecting the employee’s property, including notices about proposed annexations, incorporations, or zoning modifications.
(4)
A government agency holding records of an at-risk government employee classified as private under this section may release the record or part of the record if:
(a)
the employee or former employee gives written consent;
(b)
a court orders release of the records; or
(c)
the government agency receives a certified death certificate for the employee or former employee.
(5)
(a)
If the government agency holding the private record receives a subpoena for the records, the government agency shall attempt to notify the at-risk government employee or former employee by mailing a copy of the subpoena to the employee’s last-known mailing address together with a request that the employee either:
(i)
authorize release of the record; or
(ii)
within 10 days of the date that the copy and request are mailed, deliver to the government agency holding the private record a copy of a motion to quash filed with the court who issued the subpoena.
(b)
The government agency shall comply with the subpoena if the government agency has:
(i)
received permission from the at-risk government employee or former employee to comply with the subpoena;
(ii)
not received a copy of a motion to quash within 10 days of the date that the copy of the subpoena was mailed; or
(iii)
received a court order requiring release of the records.
(6)
(a)
Except as provided in Subsection (6)(b), a form submitted under this section remains in effect until the earlier of:
(i)
four years after the date the employee signs the form, whether or not the employee’s employment terminates before the end of the four-year period; and
(ii)
one year after the government agency receives official notice of the death of the employee.
(b)
A form submitted under this section may be rescinded at any time by:
(i)
the at-risk government employee who submitted the form; or
(ii)
if the at-risk government employee is deceased, a member of the employee’s immediate family.
