How GRAMA Works:

According to §63A-12-105 of Utah State Code all records created or maintained by a political subdivision of the state are the property of the state and shall not be mutilated, destroyed, or otherwise damaged or disposed of, in whole or part, except as provided in this Chapter and §63G-2 of Utah State Code.  The one exception to this rule being, records which constitute a valuable intellectual property, which are considered to be the property of the political subdivision.

§63A-12-103 of Utah State Code states that the chief administrative officer of each governmental entity shall:

• Establish and maintain an active, continuing program for the economical and efficient management of the governmental entity’s records as provided by this chapter and §63G-2 of Utah State Code;
• Appoint one or more records officers who will be trained to work with the state archives in the care, maintenance, scheduling, disposal, classification, designation, access, and preservation of records;
• Ensure that officers and employees of the governmental entity that receive or process records requests received required training on the procedures and requirements of this chapter and §63G-2 of Utah State Code;
  • Note: Each records officer is required, on an annual basis, to successfully complete online training and obtain certification from the state archives in accordance with Section §63A-12-110 of Utah State Code.
• Make and maintain adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the governmental entity designed to furnish information to protect the legal and financial rights of persons directly affected by the entity’s activities;
• Submit to the state archivist proposed schedules of records for final approval by the Records Management Committee created in §63A-12-112 of Utah State Code;
• Cooperate with the state archivist in conducting surveys made by the state archivist;
• Comply with rules issued by the Department of Administrative Services as provided by Section §63A-12-104 of Utah State Code;
• Report to the state archives the destination of record series that it maintains;
• Report to the state archives the classification of each record series that is classified; and
• Establish and report to the state archives retention schedules for objects that the governmental entity determines are not defined as a record under Section §63G-2-103 of Utah State Code, but that have historical or evidentiary value.

A governmental entity may make rules in accordance with §63G-3 of Utah State Code, specifying where and to whom the requests for access (GRAMA requests) shall be directed.   According to §63G-2-204 of Utah State Code, a person making a GRAMA request (request for a record) shall submit to the governmental entity that retains the record a written request containing the following information:

• The person’s name;
• The person’s mailing address;
• The person’s email address, if the personal has an e-mail address and is willing to accept communications by email relating to the person’s record’s request;
• The person’s daytime telephone number; and
• A description of the record requested that identifies the record with reasonable specificity.
• Note: A single records request may not be submitted to multiple governmental entities, however, a separate records request to each of the multiple governmental entities is permitted, even if each of the separate requests seeks access to the same record.

After receiving a request for a record, a governmental entity shall:

• Review each request that seeks an expedited response and notify, within 5 business days after receiving the request, each requestor that has not demonstrated that their record request benefits the public rather than the person that their response will not be expedited; and
• As soon as reasonably possible, but no later than 10 business days after receiving a written request, or 5 business days after receiving a written request if the requestor demonstrates that expedited response to the record request benefits the public rather than the person:
  • Approve the request and provide a copy of the record;
  • Deny the request in accordance with the procedures and requirements of §63-2-205 of Utah State Code;
  • Notify the requester that it does not maintain the record requested and provide, if known, the name and address of the governmental entity that does maintain the record; or
  • Notify the requester that because of one of the extraordinary circumstances listed in §63G-2-204(6) of Utah State Code, it cannot immediately approve or deny the request, and include with the notice:
    • A description of the circumstances that constitute the extraordinary circumstances; and
    • The date when the records will be available, consistent with the requirements of §63G-2-207(7). 
• Note: Any person who requests a record to obtain information for a story or report for publication or broadcast to the general public is presumed to be acting to benefit the public rather than a person.

Pursuant to §63G-2-201 of Utah State Code, the public has the right to inspect (view) public documents during normal business hours, free of charge.  In response to a request, the governmental entity is not required to: 

• Create a record;
• Compile, format, manipulate, package, summarize, or tailor information;
• Provide a record in a particular format, medium, or program not currently maintained by the governmental entity (although they may fulfill the request and charge a fee for providing the information or record as requested);
• Fulfill a person’s records request if the request unreasonably duplicates prior records requests for that person; or
• Fill a person’s records request if:
  • The record requested is publicly accessible online; or
  • Included in a public publication or product produced by the governmental entity receiving the request (so long as the person is directed to the location online, or to the publication or product).

A reasonable fee, to cover the municipality’s actual cost of providing a record, can be charged to the individual if they would like a copy of the record. Such fees should not be considered a source of revenue to the municipality or as a way to discourage access to public records.  §63G-2-203 of Utah State Code also allows a governmental entity to take into consideration the actual costs, including the following, when compiling a record in a form other than that normally maintained by the governmental entity:

• The cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or tailoring the record either into an organization or media to meet the peron’s request;
• The cost of staff time for search, retrieval, and other direct administrative costs for complying with a request; and
• In the case of fees for a record that is the result of computer output other that word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the cost associated with formatting or interfacing the information for particular users, and the administrative costs.
• Note: No charge may be made for the first quarter hour of staff time.  Also, the governmental entity may require payment of past due fees and future estimated fees before beginning to process a request if fees are expected to exceed $50.00.  Any prepaid amount in excess of fees due is required to be returned to the requester.

If the governmental entity fails to provide the requested records or issue a denial within the specified time period, that failure is considered the equivalent of a determination denying access to the record.  If the governmental entity denies the request in whole or part, it shall provide a notice of denial to the requester either in person or by sending the notice to the requester’s address.  Pursuant to §63-G-205 of Utah State code, the notice of denial shall contain the following information:

• 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 §63G-2-201(3)(b) of Utah State Code;
• 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 §63G-2-201(3)(b) of Utah State Code;
• A statement that the requestor has the right to appeal the denial to the chief administrative officer of the governmental entity; and
• The time limits for filling an appeal, and the name and business address of the chief administrative officer of the governmental entity.
• Note: Unless otherwise required by a court or agency of competent jurisdiction, a governmental entity may not destroy or give up custody of any record to which access was denied until the period for an appeal has expired or the end of the appeals process, including judicial appeal.