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4.01.103. Definitions

            As used in this Chapter:

            (1)        "Audit" means:

                        (a)        a systematic examination of financial, management, program, and related records for the purpose of determining the fair presentation of financial statements, adequacy of internal controls, or compliance with laws and regulations; or

                        (b)        a systematic examination of program procedures and operations for the purpose of determining their effectiveness, economy, efficiency, and compliance with statutes and regulations.

            (2)        "Chronological logs" mean the regular and customary summary records of law enforcement agencies and other public safety agencies that show the time and general nature of police, fire, and paramedic calls made to the agency and any arrests or jail bookings made by the agency.

            (3)        "Classification," "classify," and their derivative forms mean determining whether a record series, record, or information within a record is public, private, controlled, protected, or exempt from disclosure under Subsection 4.01.201(3)(b).

            (4)        (a)        "Computer program" means a series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation and source material that explain how to operate the computer program.

                        (b)        "Computer program" does not mean:

                                    (i)         the original data, including numbers, text, voice, graphics, and images;

                                    (ii)        analysis, compilation, and other manipulated forms of the original data produced by use of the program; or

                                    (iii)       the mathematical or statistical formulas (excluding the underlying mathematical algorithms contained in the program) that would be used if the manipulated forms of the original data were to be produced manually.

            (5)        (a)        "Contractor" means:

                                    (i)         any person who contracts with the City to provide goods or services directly to the City; or

                                    (ii)        any private, nonprofit organization that receives funds from the City.

                        (b)        "Contractor" does not mean a private provider.

            (6)        "Controlled record" means a record containing data on individuals that is controlled as provided by Section 4.01.304.

            (7)        "Designation," "designate," and their derivative forms mean indicating, based on the City's familiarity with a record series or based on the City's review of a reasonable sample of a record series, the primary classification that a majority of records in a record series would be given if classified, and the classification that other records typically present in the record series would be given if classified.

            (8)        "Government audit agency" means any governmental entity that conducts audits.

            (9)        "Gross compensation" means every form of remuneration payable for a given period to an individual for services provided, including salaries, commissions, vacation pay, severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any similar benefit received from the individual's employer.

            (10)      (a)        "Initial contact report" means an initial written or recorded report, however titled, prepared from information provided by peace officers engaged in public patrol or response duties describing official actions initially taken in response to either a public complaint about or the discovery of an apparent violation of law, which report may describe:

                                    (i)         the date, time, location, and nature of the complaint, the incident, or offense;

                                    (ii)        names of victims;

                                    (iii)       the nature or general scope of the agency's initial actions taken in response to the incident;

                                    (iv)       the general nature of any injuries or estimate of damages sustained in the incident;

                                    (v)        the name, address, and other identifying information about any person arrested or charged in connection with the incident; and

                                    (vi)       the identity of the public safety personnel (except undercover personnel) or prosecuting attorney involved in responding to the initial incident.

                        (b)        "Initial contact reports" do not include follow-up or investigative reports prepared after the initial contact report.  However, if the information specified in Subsection (a) appears in follow-up or investigative report, it may only be treated confidentially if it is private, controlled, protected, or exempt from disclosure under Subsection 4.01.201(3)(b).

            (11)      "Individual" means a human being.

            (12)      "Person" means any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.

            (13)      "Private record" means a record containing data on individuals that is private as provided by Section 4.01.302.

            (14)      "Private provider" means any person who contracts with the City to provide services directly to the public.

            (15)      "Protected record" means a record that is classified protected as provided by Section 4.01.305.

            (16)      "Public record" means a record that is not private, controlled, or protected and that is not exempt from disclosure as provided in Subsection 4.01.201(3)(b).

            (17)      (a)        "Record" means all books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, electronic data, or other documentary materials regardless of physical form or characteristics:

                                    (i)         which are prepared, owned, received, or retained by the City; and

                                    (ii)        where all of the information in the original is reproducible by photocopy or other mechanical or electronic means.

                        (b)        "Record" does not mean:

                                    (i)         a personal note or personal communication prepared or received by an employee or officer of the City:

                                                (A)       in a capacity other than the employee's or officer's governmental capacity; or

                                                (B)       that is unrelated to the conduct of the public's business;

                                    (ii)        temporary drafts or similar materials prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom he is working;

                                    (iii)       materials that are legally owned by an individual in his private capacity;

                                    (iv)       materials to which access is limited by the laws of copyright or patent unless the copyright or patent is owned by the City;

                                    (v)        proprietary software;

                                    (vi)       junk mail or commercial publications received by the City or an official or employee of the City;

                                    (vii)      books and other materials that are cataloged, indexed, or inventoried and contained in the collections of libraries open to the public, regardless of physical form or characteristics of the material;

                                    (viii)     daily calendars and other personal notes prepared by the originator for the originator's personal use or for the personal use of an individual for whom he is working;

                                    (ix)       computer programs as defined in Subsection (4) that are developed or purchased by or for the City for its own use;

                                    (x)        notes or internal memoranda prepared as part of the deliberative process by a member of the judiciary, and administrative law judge, or a member of any other body charged by law with performing a quasi-judicial function;

                                    (xi)       a telephone number or similar code used to access a mobile communication device that is used by an employee or officer of the City, provided that the employee or officer of the City has designated at least one business telephone number that is a public record as provided in Section 4.01.301;

                                    (xii)      information that an owner of unimproved property provides to a local entity as provided in Utah Code Section 11-42-205 (as amended); or

                                    (xiii)     a video or audio recording of an interview, or a transcript of the video or audio recording, that is conducted at a children's justice center established under Utah Code Section 67-5b-102 (as amended), or like facility using the same guidelines and used for the same purpose.

            (18)      "Record series" means a group of records that may be treated as a unit for purposes of designation, description, management, or disposition.

            (19)      "Records officer" means the City Recorder or designate.

            (20)      "Schedule," "scheduling," and their derivative forms mean the process of specifying the length of time each record series should be retained by a governmental entity for administrative, legal, fiscal, or historical purposes and when each record series should be transferred to the state archives or destroyed.

            (21)      "State archives" means the Division of Archives and Records Service.

            (22)      "State archivist" means the director of the state archives.

            (23)      "Summary data" means statistical records and compilations that contain data derived from private, controlled, or protected information but that does not disclose private, controlled, or protected information.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 00-24, Amended, 6/1/2000
Ord. No. 954, Enacted, 6/18/1992
Ord. No. 13-11, Amended, 7/18/2013
Ord. No. 16-23, Amended, 5/19/2016

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