11017 - GRAMA

Governed by U.C.A. §63G-2. All provisions of this law apply to this policy, including all specific sections of the law that are referenced in the policy.

  1. Purpose and Intent
    1. The public has a right to access information concerning the public’s business.
    2. Individuals have a right to privacy regarding the information that they provide to government entities, to the extent appropriate and possible.
    3. Piute County School District favors transparency and release of information when all interests are of equal weight.
    4. All provisions of the policy shall be read together with State law and must be consistent with State law in U.C.A. §63G-2-101 through 901.
  2. Definitions
    1. The definitions of U.C.A. 63G-2-103-http://le.utah.gov/xcode/Title63G/Chapter2/63G-2-S103.html?v=C63G-2-S103_2015051220150512 apply to this policy unless the policy provides additional definitions or clarifies or expands the State definitions.
    2. The following definitions also apply to this policy only:
      1. “Chief administrative officer” means the Piute School District Superintendent or the Superintendent’s designee
      2. “Records Officer” means the Piute District Business Administrator [or whoever else you want to have the first pass at GRAMA requests.]
      3. “Days” means business days, days when the District Office is open for business
  3. Requests
    1. Requests for records shall be made in writing and sent or emailed to the Piute County School District office: 500 North Main, P.O. Box 69, Junction, UT  84740 , directed to the Records Officer.                   
    2. Requesters may use the form/link on this website http://attorneygeneral.utah.gov/wp-content/uploads/2014/09/GRAMA-Request-Form.pdf  (print and mail or scan and email) or:
      1. Provide personal contact information (name, address, daytime phone number);
      2. Request records with adequate specificity; and
      3. Be signed by the requester
    3. GRAMA requests are public information
  4. Responses and timelines
    1. The Records Officer shall respond to the request as soon as reasonably possible or within 10 days consistent with classifications, requirements and limitations of U.C.A. §63G-2-2014(3);
    2. If the requester seeks an “expedited response,” the Records Officer shall respond within 5 days if the request is appropriate.  An expedited response is presumed if the request is from the media.
    3. The Records Officer must respond to the requester, but may delay the response due to “extraordinary circumstances” provided specifically in U.C.A. §63G-2-205(5).  Response times must be consistent with U.C.A. §63G-2-205(6)
    4. The Records Officer SHALL disclose records consistent with U.C.A. §63-2-301 and  §63-2-202, noting the exceptions provided in §§ (8), (9) and (10).
    5. The Records Officer MAY only disclose records consistent with U.C.A. §63G-2-302 and 303 (private records and private records concerning certain government employees), §63G-2-304 (controlled records) and §63G-2-305 (protected records).
  5. Denials and timelines
    1. The Records Officer MAY deny a request if:
      1. The requested records are not adequately identified—the Records Officer should seek clarification from the requester
      2. The District does not maintain the records—the Records Officer should refer the requester to an entity that retains requested records, if the District knows of a different repository
      3. The requested records are private (§63G-2-302 and -303)
      4. The requested records are controlled (§63G-2-304)
      5. The requested records are protected (§63G-2-305)
    2. If the Records Officer denies a request, the denial must include the following:
      1. A written denial letter to the requester within 10 days.  Usually the response can be in the same form that the request was made.  For instance, if a request is emailed, the response can be emailed;
      2. Identification of what record or portion of the records requested were denied;
      3. Citation(s) to the state law, federal law, court case, GRAMA provision that allows for the denial (see the private, controlled and protected GRAMA sections, above);
      4. A statement that the requester can appeal the decision to the Superintendent; and
      5. The time limits for appeals and the name and business address of the Superintendent.
    3. The District/Records Officer may not destroy records once they have been requested until the complete GRAMA process has run its course, including any possible appeal to court.
    4. If the Records Officer does not respond to a request within the required time period, the request is presumed to be denied.
  6. Appeals
    1. A requester may appeal a denial of his records request, denial of extraordinary circumstances or assessed fees within 30 days of receipt of a denial.
    2. The notice of appeal must be in writing to the Superintendent
    3. The notice must include the requester’s name, address and phone number and what relief he seeks from the Superintendent.
    4. The requester’s notice of appeal may include a summary of facts, reasons and legal authority for the appeal.
    5. The Superintendent must respond within 5 days of receipt of the appeals notice by the Records Officer.  If he does not respond within the allotted time period, the original Records Officer decision is presumed to be upheld.
    6. The time periods in this appeals section may be extended by agreement of the parties.
    7. The Superintendent shall provide written notice of his decision to all parties.  The written notice shall include:
      1. That requester may appeal within 30 days of receipt of the Superintendent’s appeal decision to the Records Committee to:
        1. Nova Dubovik
        2. 346 S. Rio Grande
        3. Salt Lake City, UT 84101-1106
        4. Phone: 801-531-3834
        5. E-mail: ">
        6. That the requester may also or in the alternative appeal the Superintendent’s decision to court.
  1. Sharing records with other government entities
    1. The District MAY share private, controlled or protected records (other than student records which are governed by the Family Educational Rights and Privacy Act [FERPA]) with specific government entities consistent with U.C.A. §63G-2-206.
    2. The District SHALL share a private controlled or protected record (other than student records) consistent with U.C.A.§63G-2-206(3).
    3. Before the District shares private, controlled or protected records, the District shall:
      1. Notify the entity seeking the records of the classification of the record and the limitations on further sharing the record(s) and
      2. If the individual seeking the records is not a government entity designated to receive records, the District shall require the private requester to provide a written statement that the requester will abide by the restrictions of the classification and the law.
  1. 8)Fees
    1. a)The District may charge reasonable fees to cover actual costs of providing a record.
    2. b)The activities or procedures that may be covered by fees are provided in U.C.A.§63G-2-203(2)
    3. c)There may be no charge for the first quarter hour of staff time.
    4. d)Fees shall be based on the salary of the lowest paid employee with necessary skill and training to fulfill the request.
    5. e)Fees must be set in an open meeting of the Board.
    6. f)The Piute Board of Education sets its fees as:
      1. i)$0.10 per single-sided copy
      2. ii)$0.15 per double-sided copy
      3. iii)_________ for staff time to fulfill the request (excluding the first 15 minutes), as determined by the Superintendent.
    7. g)If the cost of the request is expected to exceed $50 or if the requester has failed to pay fees for previous requests, the District may require the estimated cost to be paid in advance or a deposit before the request will be filled. Any prepaid cost that exceeds the actual cost will be reimbursed to the requester.
    8. h)The District will not charge to check if a record exists or for a requester to inspect a record.
    9. i)The District may choose not to charge for a records request if the conditions of U.C.A.§63G-2-203(4) exist.
    10. j)A requester may appeal the fees charged for a records request under Section VI of this Policy

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