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4.01.301. Records that must be disclosed

            (1)        The following records are public except to the extent they contain information expressly permitted to be treated confidentially under the provisions of Subsections 4.01.201(3)(b) and (6)(a):

                        (a)        laws;

                        (b)        names, gender, gross compensation ranges, job titles, job descriptions, business addresses, business telephone numbers, number of hours worked per pay period, dates of employment, and relevant education, previous employment, and similar job qualifications of the City's former and present employees and officers excluding:

                                    (i)         undercover law enforcement personnel; and

                                    (ii)        investigative personnel, if disclosure could reasonably be expected to impair the effectiveness of investigations or endanger any individual's safety;

                        (c)        final opinions, including concurring and dissenting opinions, and orders that are made by the City in an administrative, adjudicative, or judicial proceeding, except that if the proceedings were properly closed to the public, the opinion and order may be withheld to the extent that they contain information that is private, controlled, or protected;

                        (d)        final interpretations of statutes or rules by the City unless classified as protected as provided in Subsections 4.01.305(15), (16), and (17);

                        (e)        information contained in or compiled from a transcript, minutes, or report of the open portions of a meeting of the City as provided by Title 52, Chapter 4, Open and Public Meetings, of the Utah Code (as amended), including the records of all votes of each member of the voting board, commission, or council;

                        (f)        judicial records unless a court orders the records to be restricted under the rules of civil or criminal procedure or unless the records are private under this Chapter;

                        (g)        unless otherwise classified, records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning commissions, the Division of Fire and State Lands, the School and Institutional Trust Lands Administration, the Division of Oil, Gas and Mining, the Division of Water Rights, or other governmental entities that give public notice of:

                                    (i)         titles or encumbrances to real property;

                                    (ii)        restrictions on the use of real property;

                                    (iii)       the capacity of persons to take or convey title to real property; or

                                    (iv)       tax status for real and personal property;

                        (h)        data on individuals that would otherwise be private under this Chapter of the individual who is the subject of the record has given the City written permission to make the records available to the public;

                        (i)         documentation of the compensation that the City pays to a contractor or private provider;

                        (j)         summary data; and

                        (k)        for an elected official, as defined in Utah Code Section 11-47-102 (as amended), a telephone number, if available, and email address, if available, where that elected official may be reached as required in Title 11, Chapter 47, Access to Elected Officials, of the Utah Code (as amended).

            (2)        The following records may be considered public, but to the extent that a record may be exempt from disclosure, access may be restricted under Subsection 4.01.201(3)(b), Sections 4.01.302, 4.01.303, 4.01.304, or 4.01.305:

                        (a)        administrative staff manuals, instructions to staff, and statements of policy;

                        (b)        records documenting a contractor's or private provider's compliance with the terms of a contract with the City;

                        (c)        records documenting the services provided by a contractor or a private provider to the extent the records would be public if prepared by the City;

                        (d)        contracts entered in by the City;

                        (e)        any account, voucher, or contract that deals with the receipt or expenditure of funds by the City;

                        (f)        records relating to government assistance or incentives publicly disclosed, contracted for, or given by the City, encouraging a person to expand or relocate a business in Utah, except as provided in Subsection 4.01.305(31);

                        (g)        chronological logs and initial contact reports;

                        (h)        correspondence by and with the City entity in which the City determines or states an opinion upon the rights of the state, a political subdivision, the public, or any person;

                        (i)         empirical data contained in drafts if:

                                    (i)         the empirical data is not reasonably available to the requester elsewhere in similar form; and

                                    (ii)        the City is given a reasonable opportunity to correct any errors or make non-substantive changes before release;

                        (j)         drafts that are circulated to anyone other than:

                                    (i)         within the City;

                                    (ii)        the state, or another political subdivision of the state;

                                    (iii)       a federal agency if the City and federal agency are jointly responsible for implementation of a program or project that has been legislatively approved;

                                    (iv)       a government-managed corporation; or

                                    (v)        a contractor or private provider;

                        (k)        drafts that have never been finalized but were relied upon by the City in carrying out action or policy;

                        (l)         original data in a computer program if the City chooses not to disclose the program;

                        (m)       arrest warrant after issuance, except that, for good cause, a court may order restricted access to arrest warrants prior to service;

                        (n)        search warrants after execution and filing of the return, except that a court, for good cause, may order restricted access to search warrants prior to trial;

                        (o)        records that would disclose information relating to formal charges or disciplinary actions against a past or present City employee if:

                                    (i)         the disciplinary action has been completed and all time periods for administrative appeal have expired; and

                                    (ii)        the charges on which the disciplinary action was based were sustained; and

                                    (iii)       the applicable statute of limitation has run for conduct that may expose the City to liability;

                        (p)        final audit reports;

                        (q)        occupational and professional licenses;

                        (r)        business licenses; and

                        (s)        a notice of violation, a notice of agency action under Utah Code Section 63-46b-3 (as amended), or similar records used to initiate proceedings for discipline or sanctions against persons regulated by the City, but not including records that initiate employee discipline.

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. 96-59, Amended, 10/3/1996
Ord. No. 13-11, Amended, 7/18/2013
Ord. No. 16-23, Amended, 5/19/2016

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