63G-2-701. Political subdivisions may adopt ordinances in compliance with chapter — Appealprocess.
(1)
As used in this section:
Terms Used In Utah Code 63G-2-701
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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.
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
State archives: means the Division of Archives and Records Service created in Section 63A-12-101. See Utah Code 63G-2-103
State Records Committee: means the State Records Committee created in Section 63G-2-501. See Utah Code 63G-2-103
(a)
“Access denial” means the same as that term is defined in Section 63G-2-400.5.
(b)
“Interested party” means the same as that term is defined in Section 63G-2-400.5.
(c)
“Requester” means the same as that term is defined in Section 63G-2-400.5.
(2)
(a)
Each political subdivision may adopt an ordinance or a policy applicable throughout its jurisdiction relating to information practices including classification, designation, access, denials, segregation, appeals, management, retention, and amendment of records.
(b)
The ordinance or policy shall comply with the criteria set forth in this section.
(c)
If any political subdivision does not adopt and maintain an ordinance or policy, then that political subdivision is subject to this chapter.
Every ordinance, policy, or amendment to the ordinance or policy shall be filed with the state archives no later than 30 days after its effective date.
(f)
The political subdivision shall also report to the state archives all retention schedules, and all designations and classifications applied to record series maintained by the political subdivision.
(g)
The report required by Subsection (2)(f) is notification to state archives of the political subdivision’s retention schedules, designations, and classifications. The report is not subject to approval by state archives. If state archives determines that a different retention schedule is needed for state purposes, state archives shall notify the political subdivision of the state’s retention schedule for the records and shall maintain the records if requested to do so under Subsection 63A-12-105(2).
(3)
Each ordinance or policy relating to information practices shall:
(a)
provide standards for the classification and designation of the records of the political subdivision as public, private, controlled, or protected in accordance with 3;
(b)
require the classification of the records of the political subdivision in accordance with those standards;
(c)
provide guidelines for establishment of fees in accordance with Section 63G-2-203; and
(d)
provide standards for the management and retention of the records of the political subdivision comparable to Section 63A-12-103.
(4)
(a)
Each ordinance or policy shall establish access criteria, procedures, and response times for requests to inspect, obtain, or amend records of the political subdivision, and time limits for appeals consistent with this chapter.
(b)
In establishing response times for access requests and time limits for appeals, the political subdivision may establish reasonable time frames different than those set out in Section 63G-2-204 and 4, if it determines that the resources of the political subdivision are insufficient to meet the requirements of those sections.
(5)
(a)
A political subdivision shall establish an appeals process for persons aggrieved by classification, designation, or access decisions.
(b)
A political subdivision’s appeals process shall include a process for a requester or interested party to appeal an access denial to a person designated by the political subdivision as the chief administrative officer for purposes of an appeal under Section 63G-2-401.
(c)
(i)
A political subdivision may establish an appeals board to decide an appeal of a decision of the chief administrative officer affirming an access denial.
(ii)
An appeals board established by a political subdivision shall be composed of three members:
(A)
one of whom shall be an employee of the political subdivision; and
(B)
two of whom shall be members of the public who are not employed by or officials of a governmental entity, at least one of whom shall have professional experience with requesting or managing records.
(iii)
If a political subdivision establishes an appeals board, any appeal of a decision of a chief administrative officer shall be made to the appeals board.
(iv)
If a political subdivision does not establish an appeals board, the political subdivision’s appeals process shall provide for an appeal of a chief administrative officer’s decision to the State Records Committee, as provided in Section 63G-2-403.
(6)
(a)
A political subdivision or requester may appeal an appeals board decision:
(i)
to the State Records Committee, as provided in Section 63G-2-403; or
(ii)
by filing a petition for judicial review with the district court.
(b)
The contents of a petition for judicial review under Subsection (6)(a)(ii) and the conduct of the proceeding shall be in accordance with Sections 63G-2-402 and 63G-2-404.
(c)
A person who appeals an appeals board decision to the State Records Committee does not lose or waive the right to seek judicial review of the decision of the State Records Committee.
(7)
Any political subdivision that adopts an ordinance or policy under Subsection (1) shall forward to state archives a copy and summary description of the ordinance or policy.
