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4.01.305. Protected records

            The following records are protected:

            (1)        Trade secrets as defined in Utah Code Section 13-24-2 (as amended), if the person submitting the trade secret has provided the governmental entity with the information specified in Section 4.01.309;

            (2)        Commercial information or non-individual financial information obtained from a person if:

                        (a)        disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the City to obtain necessary information in the future;

                        (b)        the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and

                        (c)        the person submitting the information has provided the City with the information specified in Section 4.01.309;

            (3)        Commercial or financial information acquired or prepared by the City to the extent that disclosure would lead to financial speculations in currencies, securities, or commodities that will interfere with a planned transaction by the City or cause substantial financial injury to the City or state economy;

            (4)        Records, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of a commercial project entity as defined in Utah Code Subsection 11-13-103(4) (as amended);

            (5)        Test questions and answers to be used in future license, certification, registration, employment, or academic examinations;

            (6)        Records, the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with the City, except that this Subsection does not restrict the right of a person to see bids submitted to or by the City after bidding has closed, the bids have been reviewed, and an award has been made, subject to Subsections (1) and (2);

            (7)        Records that would identify real property or the appraisal or estimated value of real or personal property, including intellectual property, under consideration for public acquisition before any rights to the property are acquired unless:

                        (a)        public interest in obtaining access to the information outweighs the City's need to acquire the property on the best terms possible;

                        (b)        the information has already been disclosed to persons not employed by or under a duty of confidentiality to the City;

                        (c)        in the case of records that would identify property, potential sellers of the described property have already been informed by the City of its plans to acquire the property;

                        (d)        in the case of records that would identify the appraisal or estimated value of property, the potential sellers have already been informed by the City of its estimated value of the property; or

                        (e)        to property under consideration for public acquisition is a single family residence and the governmental entity seeking to acquire the property has initiated negotiations to acquire the property as required under Utah Code Section 78B-6-505 (as amended).

            (8)        Records prepared in contemplation of sale, exchange, lease, rental, or other compensated transaction of real or personal property including intellectual property, which, if disclosed prior to completion of the transaction, would reveal the appraisal or estimated value of the subject property, unless:

                        (a)        the public interest in access outweighs the interests in restricting access, including the City's interest in maximizing the financial benefit of the transaction; or

                        (b)        when prepared by or on behalf of the City, appraisals or estimates of the value of the subject property have already been disclosed to persons not employed by or under a duty of confidentiality to the City;

            (9)        Records created or maintained for civil, criminal, or administrative enforcement purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if release of the records:

                        (a)        reasonably could be expected to interfere with investigations undertaken for enforcement, discipline, licensing, certification, or registration purposes;

                        (b)        reasonably could be expected to interfere with audits, disciplinary, or enforcement proceedings;

                        (c)        would create a danger of depriving a person of a right to a fair trial or impartial hearing;

                        (d)        reasonably could be expected to disclose the identity of a source who is not generally known outside of government and, in the case of a record compiled in the course of an investigation, disclose information furnished by a source not generally known outside of government if disclosure would compromise the source; or

                        (e)        reasonably could be expected to disclose investigative or audit techniques, procedures, policies, or orders not generally known outside of government if disclosure would interfere with enforcement or audit efforts;

            (10)      Records, the disclosure of which would jeopardize the life or safety of an individual;

            (11)      Records, the disclosure of which would jeopardize the security of governmental property, governmental programs, or governmental record-keeping systems from damage, theft, or other appropriation or use contrary to law or public policy;

            (12)      Records that, if disclosed, would jeopardize the security or safety of a correctional facility, or records relating to incarceration, treatment, probation, or parole, that would interfere with the control and supervision of an offender's incarceration, treatment, probation, or parole;

            (13)      Records and audit work papers that identify audit, collection, and operational procedures and methods used by the Finance Department, if disclosure would interfere with audits or collections;

            (14)      Records of a governmental audit agency relating to an ongoing or planned audit until the final audit is released;

            (15)      Records prepared by an attorney, consultant, surety, indemnitor, insurer, employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial, quasi-judicial, or administrative proceeding;

            (16)      Records disclosing an attorney's work product, including the mental impressions or legal theories of an attorney or other representative of the City concerning litigation or the prevention thereof;

            (17)      Records of communications between the City and an attorney representing, retained, or employed by the City if the communications would be privileged;

            (18)      Personal files of an elected or appointed official, including personal correspondence to or from another elected or appointed official or legislator, but not correspondence that gives notice of legislative action or policy;

            (19)      Research requests from elected or appointed official to the office of the City Attorney or the Finance Director and research findings prepared in response to these requests;

            (20)      Drafts, unless otherwise classified as public;

            (21)      Records concerning the City's strategy about collective bargaining or imminent or pending litigation;

            (22)      Records of investigations of loss occurrences and analyses of loss occurrences that may be covered by outside insurance coverage, municipal insurance pool, workers' compensation, the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured Employers' Fund, or similar divisions or entities;

            (23)      Records, other than personnel evaluations, that contain a personal recommendation concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal privacy, or disclosure is not in the public interest;

            (24)      Records that reveal the location of historic, prehistoric, paleontological, or biological resources that if known would jeopardize the security of those resources or of valuable historic, scientific, educational, or cultural information;

            (25)      Records of City departments if the disclosure of the records would conflict with the fiduciary obligations of the department;

            (26)      Records of the City Manager's and Mayor's offices, including, but not limited to, budget recommendations, legislative proposals, and policy statements, that if disclosed would reveal their contemplated policies or contemplated courses of action before they have implemented or rejected those policies or courses of action or made them public;

            (27)      Records of the office of finance relating to budget analysis, revenue estimates, and fiscal notes of proposed legislation before issuance of the final recommendations in these areas;

            (28)      Records provided by the United States or by a government entity outside the state that are given to the City with a requirement that they be managed as protected records if the providing entity states that the record would not be subject to public disclosure if retained by it;

            (29)      Transcripts, minutes, or reports of the closed portion of a meeting of a public body except as provided in Utah Code Section 52-4-206 (as amended);

            (30)      Records that would reveal the contents of settlement negotiations but not including final settlements or empirical data to the extent that they are not otherwise exempt from disclosure;

            (31)      Memoranda prepared by staff and used in the decision-making process by an administrative law judge, or a member of any other body charged by law with performing a quasi-judicial function;

            (32)      Records that would reveal negotiations regarding assistance or incentives offered by or requested from the City for the purpose of encouraging a person to expand or locate a business in Utah, but only if disclosure would result in actual economic harm to the person or place the City at a competitive disadvantage, but this Section may not be used to restrict access to a record evidencing a final contract;

            (33)      Materials to which access must be limited for purposes of securing or maintaining the City's proprietary protection of intellectual property rights including patents, copyrights, and trade secrets;

            (34)      The name of a donor or a prospective donor to the City, including a public institution of higher education, and other information concerning the donation that could reasonably be expected to reveal the identity of the donor, provided that:

                        (a)        the donor requests anonymity;

                        (b)        any terms, conditions, restrictions, or privileges relating to the donation may not be classified protected by the City under this Subsection;

            (35)      The records of the City, which have been developed, discovered, or received by or on behalf of officials, staff, employees, or private contractors of the City, such as unpublished notes, unpublished research notes and data, unpublished manuscripts, creative works in process, inquisitorial correspondence, and confidential information contained in research proposals.  Nothing in this Subsection shall be construed to affect the ownership of a record;

            (36)      Accident reports, except as provided in Utah Code Sections 41-6a-404, 41-12a-202, and 73-18-13 (as amended);

            (37)      A notification of workers' compensation insurance coverage described in Utah Code Section 34A-2-205 (as amended);

            (38)      Records provided by any pawn or secondhand business to a law enforcement agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act, of the Utah Code (as amended);

            (39)      Except to the extent that the record is exempt from this Chapter pursuant to Utah Code Section 63G-2-106 (as amended), records related to an emergency plan or program, a copy of which is provided to or prepared or maintained by the Public Works Department, and the disclosure of which would jeopardize:

                        (a)        the safety of the general public; or

                        (b)        the security of:

                                    (i)         governmental property;

                                    (ii)        governmental programs; or

                                    (iii)       the property of a private person who provides the City information;

            (40)      Unless otherwise classified as public under Utah Code Section 63G-2-301 (as amended), and except as provided under Utah Code Section 41-1a-116 (as amended), an individual's home address, home telephone number, or personal mobile phone number, if:

                        (a)        the individual is required to provide the information in order to comply with a law, ordinance, rule, or order of a government entity; and

                        (b)        the subject of the record has a reasonable expectation that this information will be kept confidential due to:

                                    (i)         the nature of the law, ordinance, rule, or order; and

                                    (ii)        the individual complying with the law, ordinance, rule, or order;

            (41)      Recorded Children's Justice Center investigative interviews, both video and audio, the release of which are governed by Utah Code Section 77-37-4 (as amended);

            (42)      In accordance with Utah Code Section 73-10-33 (as amended):

                        (a)        a management plan for a water conveyance facility in the possession of the City; or

                        (b)        an outline of an emergency response plan in possession of the City; and

            (43)      Information provided to the Department of Health or the Division of Occupational and Professional Licensing under Utah Code Subsections 58-68-304(3) or (4) (as amended).

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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