Government Records Access and Management Act (GRAMA)

The Utah Government Records Access and Management Act, Utah Code Annotated §§ 63-2-101, et seq. (“GRAMA”), and the Salt Lake City GRAMA Ordinance, Chapter 64, Title 2 of the Salt Lake City Code (the “Ordinance”), establishes criteria and procedures relating to the classification and disclosure of government records. Section 701 of GRAMA, Utah Code Annotated § 63-2-701.

A1 Government Records Access and Management Act (GRAMA)

The Utah Government Records Access and Management Act, Utah Code Annotated §§ 63-2-101, et seq. (“GRAMA”), and the Salt Lake City GRAMA Ordinance, Chapter 64, Title 2 of the Salt Lake City Code (the “Ordinance”), establishes criteria and procedures relating to the classification and disclosure of government records. Section 701 of GRAMA, Utah Code Annotated § 63-2-701, provides that each political subdivision may adopt its own policy, consistent with GRAMA, which would be applicable throughout its jurisdiction, relating to its records practices, including classification, retention and management of its records, security of its nonpublic records, procedures to access its public records, an appeals process for persons aggrieved by its determination regarding a record, procedures for denying access to nonpublic records, and amendment of records.

 

A6.1 Purpose

The following policy is adopted pursuant to Section 701 of GRAMA for the purpose of providing, consistent with the Ordinance, GRAMA, and other state and federal law, criteria and procedures relating to the records designation, classification, and access practices of the Library.

 

A6.2 Adoption of Ordinance

Except as provided below, the Library hereby adopts the records policies and procedures as set forth in the Ordinance to the extent applicable and not inconsistent with this policy. Where there is a conflict between this policy and the Ordinance, this policy shall control. Where the Ordinance or this policy is silent or where there is a conflict between GRAMA and the Ordinance, GRAMA shall control.

 

A6.3 Library Collection Exempt

A “record” for purposes of this policy does not mean books and other materials that are cataloged, indexed, or inventoried and contained in the collection of the Library, regardless of the physical form or characteristics of the material.

 

A6.4​ ​ Privacy​ ​and​ ​Confidentiality​ ​of​ ​Patron​ ​Records 

The Salt Lake City Public Library is committed to protecting the privacy and confidentiality of patron records. This policy is based on the U.S. Constitution, and Utah’s Government Records Access and Management Act (GRAMA). Staff members and volunteers shall endeavor to protect information about library borrowers, their requests for information and materials, the online sites and resources they access, and their lending transactions. 

Government Records Access Management Act (GRAMA); Utah Code Annotated: Section 63G-2-301 et seq. refers to and defines public and private information. Section 63G-2-302(1)(c) defines as private “records of publicly funded libraries that when examined alone or with other records identify a patron.” 

 

A6.4.1 Types of records considered private include but are not limited to: 

• Library card application information

• Library material check out information

• Overdue notices

• Program registration records

• Database search records

• Reference interviews

• Interlibrary loan request records

• Computer use records

• Any history of patron’s records retained in the library’s paper or electronic files 

 

A6.4.2​ Records shall not be made available to anyone except as permitted by GRAMA, such as the patrons identified on the library card application, a parent or legal guardian of patrons under the age of 18, or a legal guardian of a legally incapacitated individual. Circumstances which may require the library to release private records include the following as provided by law: 

• A court order signed by a judge from a court of competent jurisdiction, as provided by 63G-2-202(7), requiring the library to release records otherwise protected under the Utah Code

• A subpoena

• Other application law, including state and federal laws

• Request from person(s) legally authorized in accordance with GRAMA to inspect the user’s records. 

 

All subpoenas and court orders must be served to the Executive Director, who is the lawful custodian of library records, or a designated Acting Director. Upon receipt of any such a court order, warrant, or subpoena the Library Director may consult with legal counsel to determine the appropriate response. 

Patron information may be released to authorized partners or personnel for the purpose of collecting fees related to lost or damaged materials.

 

A6.5 Records Requests

Oral or written requests for library records shall be made to the department having custody of the record in question. The department may require a requestor to submit a written request that shall include the name, mailing address, and daytime telephone number, if available, of the requestor, and a description of the records requested that identifies the records with reasonable specificity.

A6.5.1 The department may request proof of identification and, if applicable, status, when responding to requests for access to records classified as private, protected, controlled, or limited under the Ordinance.

 

A6.6 Response to Records Requests

The department shall respond to oral or written requests for records as soon as reasonably possible. With respect to written requests, the department shall respond as provided in the Section 2.64.120(A) of the Ordinance no later than ten business days after receiving the written request, or five business days if the request is entitled to expedited treatment under the Ordinance. The foregoing response times may be extended due to the existence of extraordinary circumstances as provided in Section 2.64.120(C)(2) of the Ordinance.

A6.6.1 If the department denies the request in whole or in part, it shall provide a notice of denial, together with a copy of this policy, to the requestor, in person, or by sending the notice and policy to the requestor’s address.

A6.6.2 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 Section 63-2-201(3)(b) of GRAMA;

Citations to the provision of this policy, the Ordinance, GRAMA, court rule or order, another state statute, federal statute, or federal regulation that exempts 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 Section 63-2-201(3)(b) of GRAMA; and

A statement that the requestor has the right to appeal the denial to the Library Director within 30 (thirty) days after the date of the department’s written notice of denial.

 

A6.7 Appeals

Any person aggrieved by the Library’s designation or classification of a record or by a response to a record request may appeal such determination to the Director of the Library.

A6.7.1 An appeal under this section shall be brought within 30 (thirty) calendar days from the date of the department’s written determination concerning designation or classification of a record or response to a records request. The notice of appeal shall be in writing, contain the petitioner’s name, mailing address, and daytime telephone number, if available, set forth the relief sought, the nature and date of the request, if applicable, and attach a copy of the request form, if available. The petitioner may file a short statement of facts, reasons, and legal authority in support of the appeal.

A6.7.2 The Director of the Library, in consultation with the Library Board of Directors as appropriate, shall make a determination on the appeal within the following period of time:

Within five business days after the Director’s receipt of the notice of appeal; or

Within twelve business days after the Library sends the requestor’s notice of appeal to a person who submitted a claim of business confidentiality pursuant to Section 63-2-308 of GRAMA.

A6.7.3 If the Director fails to make a determination within the time specified in subsection 6.7.2, such failure shall be considered the equivalent of an order denying the appeal.

A6.7.4 The parties participating in the appeal, may, by agreement, extend the time periods specified in subsection 6.7.2.

A6.7.5 The Director may, upon consideration and weighing of the various interests and public policies pertinent to the classification and disclosure or nondisclosure, order the disclosure of information properly classified as private under Section 63-2-302(2) of GRAMA or protected under Section 63-2-304 of GRAMA if the interests favoring restriction of access do not outweigh the interests favoring access.

A6.7.6 The Director shall send written notice of the determination of the appeal to all parties participating in the appeal. If the Director affirms the denial, in whole or in part, the denial shall include a statement that the requestor has the right to appeal the denial to the Mayor’s Records Appeals Board within 30 days after the Director’s written notice of determination.

A6.7.7 A person aggrieved by the Library’s designation or classification of a record, but who is not requesting access to the record, may appeal such designation or classification using the appeal procedures provided in this section. If a nonrequestor is the only appellant, the procedures provided in this section shall apply, except that the Director shall make a determination on the appeal within 30 days after receiving the notice of appeal.

A6.7.8 If the Director denies the appeal in whole or in part, the petitioner may appeal the determination to the Mayor’s Records Appeals Board as provided in Section 2.64.140 of the Ordinance.

 

Approved by Board of Directors, October 2017