Administrator's Guide to State Records Responsibilities

Department of Administrative Services
Utah State Archives and Records Service
November 2004

Government officials create and maintain public records as part of their official duties. The Government Records Access and Management Act (GRAMA, UCA 63G-2-101, et seq.) is Utah 's government records law. It details the duties and responsibilities of government officials in maintaining government records and providing public access. Officials may also maintain other records including personal records which do not relate to agency business. These materials may be in paper, electronic, or other formats. This guide will assist you in the following:

Identifying records that must be incorporated into agency files and maintained as public records
Understanding your responsibilities in managing your agency records
Identifying personal files that may be removed at your discretion and maintained separate from public records

By following these guidelines your time in office and accomplishments will be well documented and preserved for future generations.

What are public records?

By state law (UCA 63G-2-103(19)(a)) public records are:

all books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, electronic data, or other documentary materials regardless of physical form or characteristics:
which are prepared, owned, received, or retained by a governmental entity or political subdivision;
and where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. (UCA 63G-2-103 (19)(a) (2004)).

The law also states the following are not public records:

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;
materials that are legally owned by an individual in his private capacity;
materials to which access is limited by laws of copyright or patent unless the copyright or patent is owned by a governmental entity or political subdivision;
proprietary software;
junk mail or commercial publications received by a governmental entity or an official or employee of a governmental entity;
books and other materials that are cataloged, indexed, or inventoried and contained in the collections of libraries open to the public, regardless of the physical form or characteristics of the material;
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;
computer programs that are developed or purchased by or for any governmental entity for its own use; or
notes or internal memoranda prepared as part of the deliberative process by a member of the judiciary, an administrative law judge, a member of the Board of Pardons and Parole, or a member of any other body charged by law with performing a quasi-judicial function. (UCA 63G-2-103 (19)(b) (2008))

What are your records responsibilities? (UCA 63A-12-103 )

As a director, you are ultimately responsible for the proper management of records in your department or division. In order to carry out this responsibility you should work with your staff to do the following:

See that a records officer is designated to oversee records management in each office of your department or division. These records officers should receive training in records management, which is offered by the State Archives.
See that records retention schedules are established for the records created by your agency and that those retention schedules are followed.
Review the records in your agency to see that the important policies and functions of your agency are being documented for the future.

Create separate filing systems for government records produced by your office and your own personal papers.

Leaving Your Position in State Government

As you prepare to leave your position in state government, a number of records issues should be considered. This is an opportune time to review the records in your office and determine their disposition. Records can be sent to the State Records Center or destroyed as dictated by their approved retention schedules.

As you clean out your office, keep in mind that government records belong to the State and may not be taken with you. You may take copies of public government records, such as materials you helped draft or records of public events with which you were involved. If you are uncertain whether materials are government records or personal materials, consult with your records officer or your agency records analyst at the State Archives.

Copies of public records classified as private, protected, or controlled should not be removed from government custody. Furthermore, you are under obligation to hold information you may have acquired from such documents in accordance with their designated classification, even when you are no longer employed by the State.

What are Personal Files?

Personal files are files that relate to individual personal affairs and not to the affairs of the governmental entity. Personal files are not used in conducting the business of the government and may include the following types of materials:

materials that are legally owned by an individual in his private capacity (UCA 63G-2-103 (19)(b)(ii)).
daily calendars and other personal notes prepared by the originator for the originator's personal use (UCA 63G-2-103 (19)(b)(vii)).

Personal files should be kept separate from pubic records. If a record includes information on personal and government business, the section relating to government business should be extracted and treated as a government record. Personal files are not considered government records and are not subject to GRAMA requests.

Managing Personal Files

Do you maintain personal files separately from public records in both paper and electronic formats?
If you are leaving your position, have you identified, separated, and prepared for your removal personal files to ensure that you will not be removing official records?

Has your agency authorized the creation and removal of extra copies of work-related records in which you have an interest?

If you are leaving your position, have you reviewed your personal files that you wish to remove to ensure no public records have been included?

If you are leaving your position, have you designated an official such as the records officer, legal counsel, or other official, to review the materials, including extra copies of records that you plan to remove?

Where do I go for further assistance?

The purpose of the State Archives and Records Service is to assist Utah government agencies in the efficient management of their records, to preserve records of enduring value, and to provide quality access to public information.

Call 801-531-3860 or contact your records analyst for additional information.

Utah State Archives
346 S Rio Grande
Salt Lake City , UT 84101-1106

Patricia Smith-Mansfield
Director, Utah State Archives

This page was last updated August 1, 2008.