Policy Code: EGCA Printer-friendly version Adoption Date: Tuesday, December 16th, 2014
PUBLIC INFORMATION PROGRAM: PUBLIC RECORDS
PURPOSE OF THE POLICY
This policy is adopted pursuant to the Government Records Access and Management Act (Utah Code Ann. (1992) 63-2-701 ("GRAMA") and applies to District records relating to information practices, including classification, access, appeals, management and retention of documents.
APPROPRIATE REQUESTER OF RECORDS
A person may request access to the District's records if that person meets the requirements set forth in this policy.
A "public record" means any record that is not private, controlled or protected. For purposes of this policy, "records" do not include: temporary drafts or other materials prepared for the originator's personal use or for the personal use of another, personal notes, notes kept in personal journals, diaries or other day timers, notes of informal observations, personal notes of evaluations or materials owned by the originator in his or her private capacity.
Utah Code Ann. 63-2-103(17) and (18)(b)
The School Business Administrator is hereby designated as Records Administrator of the District.
Definition of "Private Documents"
a. All private personnel records contained in a personnel file, applications, nominations, recommendations, or recommendations for employment, advancement or appointment;
b. Any final employee evaluation signed by the employee;
c. Records showing an individual's home address, home telephone number, social security number, insurance coverage, marital status, payroll deductions, race, religion, disabilities or military status;
d. Records touching upon an individual's eligibility for unemployment benefits, social services, or welfare benefits;
e. Records touching upon an individual's personal finances;
f. Records touching upon any individual's medical or psychological condition, past or present;
g. Records showing an individual's certification;
h. Any record the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Utah Code Ann. 63-2-302
Access to Private Records
Upon an appropriate written request from the subject of the records, or the parent or legal guardian of an unemancipated minor who is the subject of the record, the District shall disclose private records and other private data only to the subject of the record, or the parent or legal guardian of an unemancipated minor who is the subject of the private record, or the legal guardian of a legally incapacitated individual who is the subject of the private record, or any individual who has a power of attorney from the subject of the record, or who submits a notarized release from the subject of the record, or his legal representative which is dated not more than thirty (30) days before the date the request is made, or pursuant to order of a court of competent jurisdiction to disclose such record.
Utah Code Ann. 63-2-202(11)
DOCUMENTS SHOWING CRIMINAL CHARGES
Official records showing formal criminal charges against an employee and action are not private unless in the discretion of the District Records Administrator or the Superintendent, the charges are groundless or the charges are not sustained.
Definition of "Controlled Records"
The District hereby designates as "controlled" any record that contains medical, psychiatric or psychological data about any individual and which would be detrimental to the subject's mental health or for the safety of that individual to disclose.
Access to Controlled Records
Upon an appropriate written request to the Records Administrator of the District, the District shall provide access to the requester of controlled records to a physician, psychologist or certified social worker upon the submission of a release from the subject of the record that is dated not more than 30 days prior to the request or upon an order from a court of competent jurisdiction. All copies made from such records shall be marked "controlled" and disclosure is limited to the subject of the record and his medical professional, or to such other person named in the release.
Definition of "Protected Records"
a. Any document disclosing a trade secret;
b. Test questions or answers;
c. Any document the disclosure of which may give an unfair advantage to a person or entity proposing to enter into a contract;
d. Records touching upon the value of real property owned by the District, which may be considered for sale;
e. Any record that may jeopardize the life or safety of an individual if disclosed;
f. Any record that would violate the normal professional practice or medical ethics;
g. Any records which may jeopardize the security of District property or programs;
h. Records touching upon audits, audit techniques, procedures and policies;
i. Records touching upon issues of actual or potential litigation;
j. Records touching upon collective bargaining strategy;
k. Records touching upon occurrences covered by the Division of Risk Management;
l. Records touching upon deliberations of the Board of Education acting in a judicial or review of prior decision capacity;
m. Records touching upon formal evaluations not signed by the employee;
n. Records touching upon an employee transfer, appointment, retention or promotion of employees.
o. Records not placed in an employee's personnel file, which are maintained by individual supervisors or administrators.
Utah Code Ann. 63-2-304
p. Materials to which access must be limited for purposes of securing or maintaining the district's proprietary protection of intellectual property rights including patents, copyrights, and trade secrets.
Upon an appropriate request by the person who created the record, or a person who has a valid power of attorney from such person, or upon an order from the subject of the records or a person having a power of attorney or holding a notarized release from the subject of the record, or from a court of competent jurisdiction, the District shall provide access to such records only to such persons and all copies made from such records shall be marked "confidential."
All student records shall be designated "education records" and the disclosure of such education records shall be governed pursuant to 20 U.S.C. 12-32(g) and 34 C.F.R. 99, et seq., and 34 C.F.R. 300, et seq. The District may not release information related to educational records without parental consent, except as provided by the Family Educational Rights and Privacy Act (FERPA).
COPYRIGHTED OR PATENTED MATERIALS
Any document which is copyrighted, either by formal filing under federal copyright laws or by informal claim of copyright, or which is covered by a patent, trademark or other protective designation, shall not be copied or provided to any person without an order of a court of competent jurisdiction ordering such disclosure.
FEES FOR DUPLICATION OF RECORDS
A fee shall be charged for the District's actual cost of duplicating a requested record and also for the personnel time in compiling and obtaining the record as follows:
a. Ten cents (.10) per page for each single sided copy and fifteen cents (.15) per page for each double-sided copy;
b. Twenty dollars per hour for the time spent by any District personnel compiling documents for copying. However, no fee may be charged for; (i) making a record available to be viewed in the same context that the record is kept in the regular course of carrying on business to determine whether the record is subject to disclosure or; (ii) the requester's inspecting the record.
c. An additional charge of $1.00 shall be charged per each page of a document, which has been requested to be certified.
d. The District shall require all past fees of the requester to be paid before copying if fees are expected to exceed $50.00, or if the requester has not paid fees from a previous request.
Utah Code Ann. 63-2-203(h)
Each requester shall submit a written request specifically identifying those documents requested. The request shall specifically state whether the documents sought are: (1) to be copied; or (2) identified to determine whether they are subject to disclosure; or (3) to be allowed to inspect a specific record. In the event that a document is specifically identified and designated for copying, the requester shall submit sufficient funds with the written request to pay for all copies requested to be copied.
The District shall respond to the request to copy within fifteen (15) days. The District shall respond to an appropriate request by:
a. Approving the request and providing the records;
b. Denying the request;
c. Notifying the requester that it does not maintain the records; or
d. Notifying the requester that extraordinary circumstances exist which make it impractical to approve or deny the request and specifying the earliest time when the records will be available.
Utah Code Ann. 63-2-204
TIME LIMIT FOR APPEALS
In the event that the District either denies access to or the right to copy a requested document, the requester shall submit an appeal of the request to the Board of Education of the District in writing which specifically states the documents which have been designated for copying or for inspection, the date of the request, the date of the denial of the request, all circumstances surrounding the denial, the reasons stated for the denial, and attaching a copy of any funds
which have been submitted to pay for copies if copies have been requested. The Board of Education shall respond to such request within thirty (30) days after the requester has submitted the appeal to the Board of Education. The Board of Education shall submit a written response either granting the requester's request or affirming the denial of the request for documents.
Documents shall be managed by the administrative staff in each school and by each separate department of the district office.
All public, private, controlled and protected documents must be maintained by the District for at least six (6) years, after which the District may discard, destroy or dispose of any such documents.
The District reserves the right to claim a privilege with respect to all documents which are subject to attorney work product, attorney-client, physician-patient, psychiatrist-patient or other statutory privilege.
Any party may appeal the Board of Education's decision to the district court in the county where the District is located. The petition shall be filed no later than fifteen (15) days after the date of the Board of Education's decision or order.
RIGHT TO SEE PUBLIC RECORDS
Except as otherwise set forth herein, District documents are "public" documents and every person has the right to inspect and/or to take a copy from 9:00 a.m. to 3:00 p.m. Monday-Friday subject to the provisions of this policy.
RIGHT TO COPIES
If an appropriate requester requests to have copies of more than 50 pages of records, the District, in its sole discretion, may provide the requester with facilities to make copies and require the requester to make copies themselves at their own expense.