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February Updates
This monthly newsletter features content exclusively for 
Appointed Records Officers.
RIM 101 Recordings
Thanks to everyone who has joined us for the three RIM 101 webinars! Renée led informative trainings and luckily, she recorded them! RIM 101 will not be offered again until the summer, but you can watch these one-hour videos anytime on our YouTube channel!
Watch Now

Dear Abby,

With the Utah Legislature in session, many of us are following bills and are sometimes being asked to comment on draft legislation. Do you have any advice about how we should handle draft legislation? What do we need to retain according to the general retention schedule? What if we get a GRAMA request?

From, 

Interested ARO 

Dear Interested ARO,

These are good questions! Drafting legislation is a function of the Legislature. Copies of draft legislation forwarded to you for comment are shared records, and it remains the responsibility of the Legislature to manage, classify, and retain these bills and drafts according to their retention schedule. Although governmental entities are not required to maintain bill drafts as such, all governmental entities have a responsibility to retain email correspondence according to retention schedules. Email communications with legislators, including the attached drafts must be kept according to appropriate correspondence retention schedules. These could include GRS 1760GRS 1758, or GRS 48.

Legislators generally classify draft bills as protected until they have completed a draft that they are prepared to release. If you receive a GRAMA request for draft legislation, it very well may be classified as protected. Requests for draft legislation should be referred back to the Legislature. The same does not apply to your communications with legislators. These are your responsibility to classify and/or provide access to.

After the Utah Legislative session, the State Archives will provide information about updates to GRAMA, OPMA, and other records laws. In the meantime, you can track legislation on topics of interest, or you can see links to draft legislation affecting particular sections of the code at the bottom of each section. 

Best Wishes,

Abby

GRS Updates

We are requesting your feedback on three update proposals:

  1. Update to Training and outreach records (GRS-150) to specify that it is for training administration records.
  2. Update to Conflict of interest files (GRS-1911) to make it applicable to all agencies and to give it a clearer retention period.
  3. Update to Training aids (GRS-1951) to specify that it covers material related to mandated or significant training.

If any of these updates apply to your agency, we would appreciate your input, as it will allow us to better serve your needs. The open feedback period for these updates is from 2/16/21 to 3/15/21.

Give GRS Feedback
State Records Committee Update
The State Records Committee had five hearings covering nine appeals. RIM-related takeaways from this month:
  • Do a thorough search for the records requested. If the Committee isn't convinced you did, they'll ask you to try again (Mark Tracy v. Emigration Improvement District).
  • If you have a contractor managing your records, be sure responsibilities are clear so everyone knows how the public can request and access records (Mark Tracy v. Emigration Improvement District). For more on this subject, see the Managing Data When Using A Third Party Vendor Guideline).
  • Records can be correctly classified as protected, yet be ordered to be released by the State Records Committee if they feel that the public's interest in disclosing the records outweighs their interest in protecting them (Julian Hatch v. Department of Agriculture and Food).
Records Management Committee Update
The Records Management Committee met on Monday, February 22nd and approved a series retention schedule for the Department of Workforce Services, as well as minor updates of general retention schedules GRS-2021: Surveillance recordings (does not include law enforcement recordings) and GRS-1130: Meter records.

Based on the recommendation of the Records Management Committee, the chief records officer for Utah, Kendra Yates, has created a guideline for governmental entities who use third-party vendors:
  • MANAGING DATA WHEN USING A THIRD PARTY VENDOR:                              The Division of Archives and Records Service is providing this guideline to help government agencies protect themselves from cyber threats or data loss, and to protect the public’s interest in privacy as well as in government transparency. The guideline discusses record ownership, retention, and security, as well as contract formulation and compliance.
Upcoming Trainings
We have added additional times each day to the quarter one GRAMA trainings. We are opening these trainings to 20 people for more one-on-one time with Rosemary. If needed, we will add a morning time.

February 24: GRAMA Focus on Private Records training March 24: GRAMA and Record Sharing training
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