Utah Government Records Access and Management Act
From Sunshine Review
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The Government Records Access and Management Act (GRAMA) is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Utah.
The Open and Public Meetings Act legislates the methods by which public meetings are conducted.
[edit] Utah's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Utah #36 in the nation (tied with New York) with an overall percentage of 47.30%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Utah 78 points out of a possible 100, a letter grade of "C", and a ranking of 4 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Utah's law as the 3rd best in the country, giving it a letter grade of "B-".[3]
[edit] Recent news
[edit] Transparency blocking
More transparency blocking news from across the country.
[edit] Litigation
No recent news. If you have news add it here
More FOIA litigation news from across the country.
[edit] Legislation
- GRAMA legislation
- Senate OKs measure to restrict release of some public records
- Senate takes up measure to tighten GRAMA requirements
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
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Other Sunshine Guardians from across the country.
[edit] Features of the Law
[edit] What records are covered?
Documents created by public bodies in Utah are open for inspection to any member of the public. Documents that are considered exceptions to open records laws include private information about individuals and government employees (pursuant to 63G-2-302 and 63G-2-303), health records of individuals (pursuant to 63G-2-304), and records that are protected because if released they may result in security problems (pursuant to 63G-2-106) or financial speculation, unfair competition and financial instability (pursuant to 63G-2-305).[1]
[edit] What agencies are covered?
All public associations are subject to Utah's open records policy. Public Associations are any groups whose members are elected or appointed officials or who receive funds "from monies received by a public entity from appropriations, taxes, fees, interest, or other returns on investment" [2]
[edit] Who may request records?
Everyone has the right to inspect public records free of charge or receive a copy of public records during business hours. [3]
[edit] Must a purpose be stated?
Utah requires no statement of purpose when requesting public records.
[edit] How can records be used?
There are no restrictions on the use of public records in Utah.
[edit] Time allowed for response
The Utah GRAMA code requires that public records responses be made within at least 10 business days if the records are for individuals purposes or within 5 business if the record is meant to benefit the general public (pursuant to 63G-2-204).
[edit] Fees for records
GRAMA allows for the charging of fees based on the discretion of the department from which the record is requested. Fees can incorporate staff time for research and collection as well as the cost of publication of the records. The laws mandates that the departments may not charge more than the hourly salery of the lowest paid staff person able to perform the request and cannot charge individuals for the first 15 minutes of work. [4]
[edit] Access to Forms
Request forms are available from the records officer of each division.
[edit] Open Meetings
"(1)The Legislature finds and declares that the state, its agencies and political subdivisions, exist to aid in the conduct of the people's business.
(2) It is the intent of the Legislature that the state, its agencies, and its political subdivisions:
(a) take their actions openly; and
(b) conduct their deliberations openly." [5]
[edit] Proposed changes
- Main article: Proposed reforms in state sunshine laws, 2009
House Bill 122 [6] [7], proposed by Rep. Douglas Aagard at the request of the Attorney General's Office, seeks to prohibit the weighing of public interest in documents against the government's desire to conceal information. It would also allow records to be withheld if they are associated with pending or "anticipated" litigation. Steve Bloch, an attorney for the Southern Utah Wilderness Alliance, says that "This bill is a step backward and would restrict our current law significantly". [8] HB122 has advanced from committee to the House floor 7-3 along party lines, with Republicans voting for it, and Democrats against. [9] HB122 also passed the House, 43-27. It now moves to the Senate for debate.[10]
The Salt Lake Tribune has editorialized against the bill, calling it "an attempt to subvert that system and the public's interest in holding government accountable." [11]
Senate Bill 18 [12]would require all cities, counties, school districts, and special districts (transit districts, water districts, etc.) in Utah to regularly post their expenditures online in a searchable format.
SB18 was voted out of the Utah Senate by a 29-0 margin on February 2, 2009.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Utah. For more information go the page or go to Utah sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)
[edit] See also
[edit] External links
- Utah Code
- Government Records Access and Management Act
- Open Government Guide to Utah
- Past articles on Utah
[edit] References
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