First Substitute S.B. 260

Senator D. Chris Buttars proposes the following substitute bill:

1 DISCLOSURE OF PUBLIC EMPLOYEE
2 DISCIPLINARY ACTIONS AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: D. Chris Buttars
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Government Records Access and Management Act by amending
11 certain provisions relating to records of disciplinary actions involving a governmental
12 entity employee.
13 Highlighted Provisions:
14 This bill:
15 . repeals a provision that prevents the release of certain disciplinary charges for
16 county sheriff officers without the consent of the officer charged and requires the
17 release of the record in accordance with the Government Records Access and
18 Management Act;
19 . provides that sustained and final disciplinary actions that result in demotion,
20 suspension, reduction in pay or termination of a governmental entity employee are
21 public records and deletes references to the release of formal charges;
22 . provides that a record related to a disciplinary action that is not classified as a public
23 record shall be classified as a private record; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 17-30-19, as last amended by Laws of Utah 2000, Chapter 151
32 63-2-301, as last amended by Laws of Utah 2006, Chapters 2 and 14
33 63-2-302, as last amended by Laws of Utah 2006, Chapter 2
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 17-30-19 is amended to read:
37 17-30-19. Disciplinary charges and officer grievances -- Appeal to commission --
38 Hearing -- Findings.
39 (1) Each person who orders the demotion, reduction in pay, suspension, or discharge of
40 a merit system officer for any cause set forth in Section 17-30-18 shall:
41 (a) file written charges with the commission; and
42 (b) serve the officer with a copy of the written charges.
43 (2) (a) (i) An officer who is the subject of charges under Subsection (1) may, within ten
44 days after service of the charges, appeal in writing to the commission.
45 [(ii) In the absence of an appeal, a copy of the charges under Subsection (1) may not be
46 made public without the consent of the officer charged.]
47 (ii) Access to a copy of the charges shall be granted in accordance with Subsections
48 63-2-301 (3)(o) and 63-2-302 (1)(f).
49 (b) If an officer files a grievance, as defined by the commission, and exhausts all
50 internal grievance procedures, if any, the officer may, within ten days after receiving notice of
51 the final disposition of the grievance, file an appeal with the commission.
52 (3) (a) The commission shall:
53 (i) fix a time and place for a hearing upon the charges or appeal of the officer
54 grievance; and
55 (ii) give notice of the hearing to the parties.
56 (b) (i) Except as provided in Subsection (3)(b)(ii), each hearing under this Subsection

57 (3) shall be held not less than ten and not more than 90 days after an appeal or grievance is
58 filed.
59 (ii) A hearing may be held more than 90 days after an appeal or grievance is filed if:
60 (A) the officer and employer agree; or
61 (B) for good cause the commission so orders.
62 (4) (a) If the aggrieved officer so desires, the hearing shall be public.
63 (b) The parties may be represented by counsel at the hearing.
64 (5) After the hearing the commission shall make its decision in writing, including
65 findings of fact, and shall mail a copy to each party.
66 Section 2. Section 63-2-301 is amended to read:
67 63-2-301. Records that must be disclosed.
68 (1) As used in this section:
69 (a) "Business address" means a single address of a governmental agency designated for
70 the public to contact an employee or officer of the governmental agency.
71 (b) "Business email address" means a single email address of a governmental agency
72 designated for the public to contact an employee or officer of the governmental agency.
73 (c) "Business telephone number" means a single telephone number of a governmental
74 agency designated for the public to contact an employee or officer of the governmental agency.
75 (2) The following records are public except to the extent they contain information
76 expressly permitted to be treated confidentially under the provisions of Subsections
77 63-2-201 (3)(b) and (6)(a):
78 (a) laws;
79 (b) the name, gender, gross compensation, job title, job description, business address,
80 business email address, business telephone number, number of hours worked per pay period,
81 dates of employment, and relevant education, previous employment, and similar job
82 qualifications of a current or former employee or officer of the governmental entity, excluding:
83 (i) undercover law enforcement personnel; and
84 (ii) investigative personnel if disclosure could reasonably be expected to impair the
85 effectiveness of investigations or endanger any individual's safety;
86 (c) final opinions, including concurring and dissenting opinions, and orders that are
87 made by a governmental entity in an administrative, adjudicative, or judicial proceeding except

88 that if the proceedings were properly closed to the public, the opinion and order may be
89 withheld to the extent that they contain information that is private, controlled, or protected;
90 (d) final interpretations of statutes or rules by a governmental entity unless classified as
91 protected as provided in Subsections 63-2-304 (16), (17), and (18);
92 (e) information contained in or compiled from a transcript, minutes, or report of the
93 open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
94 and Public Meetings Act, including the records of all votes of each member of the
95 governmental entity;
96 (f) judicial records unless a court orders the records to be restricted under the rules of
97 civil or criminal procedure or unless the records are private under this chapter;
98 (g) unless otherwise classified as private under Section 63-2-302.5 , records or parts of
99 records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
100 commissions, the Division of Forestry, Fire and State Lands, the School and Institutional Trust
101 Lands Administration, the Division of Oil, Gas and Mining, the Division of Water Rights, or
102 other governmental entities that give public notice of:
103 (i) titles or encumbrances to real property;
104 (ii) restrictions on the use of real property;
105 (iii) the capacity of persons to take or convey title to real property; or
106 (iv) tax status for real and personal property;
107 (h) records of the Department of Commerce that evidence incorporations, mergers,
108 name changes, and uniform commercial code filings;
109 (i) data on individuals that would otherwise be private under this chapter if the
110 individual who is the subject of the record has given the governmental entity written
111 permission to make the records available to the public;
112 (j) documentation of the compensation that a governmental entity pays to a contractor
113 or private provider;
114 (k) summary data; and
115 (l) voter registration records, including an individual's voting history, except for those
116 parts of the record that are classified as private in Subsection 63-2-302 (1)(i).
117 (3) The following records are normally public, but to the extent that a record is
118 expressly exempt from disclosure, access may be restricted under Subsection 63-2-201 (3)(b),

119 Section 63-2-302 , 63-2-303 , or 63-2-304 :
120 (a) administrative staff manuals, instructions to staff, and statements of policy;
121 (b) records documenting a contractor's or private provider's compliance with the terms
122 of a contract with a governmental entity;
123 (c) records documenting the services provided by a contractor or a private provider to
124 the extent the records would be public if prepared by the governmental entity;
125 (d) contracts entered into by a governmental entity;
126 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
127 by a governmental entity;
128 (f) records relating to government assistance or incentives publicly disclosed,
129 contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
130 business in Utah, except as provided in Subsection 63-2-304 (35);
131 (g) chronological logs and initial contact reports;
132 (h) correspondence by and with a governmental entity in which the governmental entity
133 determines or states an opinion upon the rights of the state, a political subdivision, the public,
134 or any person;
135 (i) empirical data contained in drafts if:
136 (i) the empirical data is not reasonably available to the requester elsewhere in similar
137 form; and
138 (ii) the governmental entity is given a reasonable opportunity to correct any errors or
139 make nonsubstantive changes before release;
140 (j) drafts that are circulated to anyone other than:
141 (i) a governmental entity;
142 (ii) a political subdivision;
143 (iii) a federal agency if the governmental entity and the federal agency are jointly
144 responsible for implementation of a program or project that has been legislatively approved;
145 (iv) a government-managed corporation; or
146 (v) a contractor or private provider;
147 (k) drafts that have never been finalized but were relied upon by the governmental
148 entity in carrying out action or policy;
149 (l) original data in a computer program if the governmental entity chooses not to

150 disclose the program;
151 (m) arrest warrants after issuance, except that, for good cause, a court may order
152 restricted access to arrest warrants prior to service;
153 (n) search warrants after execution and filing of the return, except that a court, for good
154 cause, may order restricted access to search warrants prior to trial;
155 (o) records that would disclose information relating to [formal charges or] final
156 disciplinary actions against a past or present governmental entity employee if:
157 (i) the charges on which the disciplinary action was based were sustained;
158 (ii) the disciplinary action results in:
159 (A) demotion;
160 (B) suspension or required unpaid leave;
161 (C) reduction in pay or compensation of any kind; or
162 (D) termination; and
163 [(i)] (iii) the disciplinary action [has been completed and] is final because:
164 (A) there is no administrative appeal available; or
165 (B) all time periods for administrative appeal have expired[; and] and there is no
166 administrative appeal pending;
167 [(ii) the charges on which the disciplinary action was based were sustained;]
168 (p) records maintained by the Division of Forestry, Fire and State Lands, the School
169 and Institutional Trust Lands Administration, or the Division of Oil, Gas and Mining that
170 evidence mineral production on government lands;
171 (q) final audit reports;
172 (r) occupational and professional licenses;
173 (s) business licenses; and
174 (t) a notice of violation, a notice of agency action under Section 63-46b-3 , or similar
175 records used to initiate proceedings for discipline or sanctions against persons regulated by a
176 governmental entity, but not including records that initiate employee discipline.
177 (4) The list of public records in this section is not exhaustive and should not be used to
178 limit access to records.
179 Section 3. Section 63-2-302 is amended to read:
180 63-2-302. Private records.

181 (1) The following records are private:
182 (a) records concerning an individual's eligibility for unemployment insurance benefits,
183 social services, welfare benefits, or the determination of benefit levels;
184 (b) records containing data on individuals describing medical history, diagnosis,
185 condition, treatment, evaluation, or similar medical data;
186 (c) records of publicly funded libraries that when examined alone or with other records
187 identify a patron;
188 (d) records received or generated for a Senate or House Ethics Committee concerning
189 any alleged violation of the rules on legislative ethics, prior to the meeting, and after the
190 meeting, if the ethics committee meeting was closed to the public;
191 (e) records received or generated for a Senate confirmation committee concerning
192 character, professional competence, or physical or mental health of an individual:
193 (i) if prior to the meeting, the chair of the committee determines release of the records:
194 (A) reasonably could be expected to interfere with the investigation undertaken by the
195 committee; or
196 (B) would create a danger of depriving a person of a right to a fair proceeding or
197 impartial hearing; and
198 (ii) after the meeting, if the meeting was closed to the public;
199 (f) employment records concerning a current or former employee of, or applicant for
200 employment with, a governmental entity that would disclose that individual's home address,
201 home telephone number, Social Security number, insurance coverage, marital status, [or]
202 payroll deductions, or disciplinary actions, unless the disciplinary action is public under
203 Subsection 63-2-301 (3)(o);
204 (g) records or parts of records under Section 63-2-302.5 that a current or former
205 employee identifies as private according to the requirements of that section;
206 (h) that part of a record indicating a person's Social Security number or federal
207 employer identification number if provided under Section 31A-23a-104 , 31A-25-202 ,
208 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ;
209 (i) that part of a voter registration record identifying a voter's driver license or
210 identification card number, Social Security number, or last four digits of the Social Security
211 number;

212 (j) a record that:
213 (i) contains information about an individual;
214 (ii) is voluntarily provided by the individual; and
215 (iii) goes into an electronic database that:
216 (A) is designated by and administered under the authority of the Chief Information
217 Officer; and
218 (B) acts as a repository of information about the individual that can be electronically
219 retrieved and used to facilitate the individual's online interaction with a state agency;
220 (k) information provided to the Commissioner of Insurance under:
221 (i) Subsection 31A-23a-115 (2)(a); or
222 (ii) Subsection 31A-23a-302 (3); and
223 (l) information obtained through a criminal background check under Title 11, Chapter
224 40, Criminal Background Checks by Political Subdivisions Operating Water Systems.
225 (2) The following records are private if properly classified by a governmental entity:
226 (a) records concerning a current or former employee of, or applicant for employment
227 with a governmental entity, including performance evaluations and personal status information
228 such as race, religion, or disabilities, but not including records that are public under Subsection
229 63-2-301 (2)(b) or 63-2-301 (3)(o), or private under Subsection (1)(b);
230 (b) records describing an individual's finances, except that the following are public:
231 (i) records described in Subsection 63-2-301 (2);
232 (ii) information provided to the governmental entity for the purpose of complying with
233 a financial assurance requirement; or
234 (iii) records that must be disclosed in accordance with another statute;
235 (c) records of independent state agencies if the disclosure of those records would
236 conflict with the fiduciary obligations of the agency;
237 (d) other records containing data on individuals the disclosure of which constitutes a
238 clearly unwarranted invasion of personal privacy; and
239 (e) records provided by the United States or by a government entity outside the state
240 that are given with the requirement that the records be managed as private records, if the
241 providing entity states in writing that the record would not be subject to public disclosure if
242 retained by it.

243 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
244 records, statements, history, diagnosis, condition, treatment, and evaluation.
245 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
246 doctors, or affiliated entities are not private records or controlled records under Section
247 63-2-303 when the records are sought:
248 (i) in connection with any legal or administrative proceeding in which the patient's
249 physical, mental, or emotional condition is an element of any claim or defense; or
250 (ii) after a patient's death, in any legal or administrative proceeding in which any party
251 relies upon the condition as an element of the claim or defense.
252 (c) Medical records are subject to production in a legal or administrative proceeding
253 according to state or federal statutes or rules of procedure and evidence as if the medical
254 records were in the possession of a nongovernmental medical care provider.