Other Key Items to Remember About GRAMA:

  • It should be noted that the state archives may, upon request from a political subdivision, take custody of any record series of the political subdivision.  A political subdivision which no longer wishes to maintain custody of a record which must be retained under the political subdivision’s retention schedule or the state archive’s retention schedule shall transfer it to the state archives for safekeeping and management. (§63A-12-105)
  • Pursuant to §63G-2-801 a public employee or other person who has lawful access to any private, controlled, or protected record under this chapter, and who intentionally discloses, provides a copy of, or improperly uses a private, controlled, or protected record knowing that the disclosure or use is prohibited under this chapter, is guilty of a Class B misdemeanor.
  • Additionally a person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any private, controlled, or protected record to which the person is not legally entitled is guilty of a Class B misdemeanor.  No person shall be guilty who receives the record, information, or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery, or theft. (§63G-2-801)
  • A public employee who intentionally refuses to release a record, the disclosure of which the employee knows is required by law, is guilty of a Class B misdemeanor. (§63G-2-801)
  • A governmental entity may take disciplinary action which may include suspension or discharge against any employee of the governmental entity who intentionally violates any provision of GRAMA. (§63G-2-804)

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