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Proposed GRS changes will make audio recordings permanent records

January 22, 2014

The Utah State Archives is proposing changes to the general retention schedule for minutes and audio recordings of open and public meetings.

Current state (schedule 1, item 41), county (schedule 1, item 44), municipal (schedule 1, item 45), and school district (schedule 15, item 7) general retention schedules allow agencies to destroy audio recordings of open and public meetings three years after approval of the official minutes.

2013 amendments to the Open and Public Meetings Act (Utah Code Title 52, Chapter 4) require a “state public body” to post approved minutes and audio recordings to the Utah Public Notice Website (Utah Code 54-4-203(4)(d)). The written minutes and recordings of open public meetings are “required to be retained permanently” and “shall be maintained in or converted to a format that meets long-term storage requirements.” (Utah Code 54-4-203(6).) The Division of State Archives is charged with “maintaining an archive of all public information posted to the website.” (Utah Code 63F-1-701(5)(c).)

While only state public bodies (“administrative, advisory, executive, or legislative bod[ies] of the state”) are required to post recordings, any governmental entity may post recordings.  If they do, the recordings will be permanently retained. In order to be consistent with the requirements of the Open and Public Meetings Act, the Archives will submit a proposal to the State Records Committee to make audio recordings of open and public meetings permanent instead of authorizing them to be destroyed three years after the approval of the official minutes. (The current retention schedule and the proposed changes are shown in the table below.) Governmental entities will have the option to transfer custody of the recordings to the State Archives where the long-term storage requirement will be met.

The proposed changes will be considered at the committee’s February 13 meeting. Comments on the proposed changes are welcome and should be submitted to Rebekkah Shaw (rshaw@utah.gov, 801-531-3851), by January 30.

 Schedule & Description Existing GRS

Retention

Comments/Citations
-Meeting Records-

When a public body convenes to discuss or act upon a matter under its jurisdiction, (Utah Code 52-4-103(5) (a) (2012)) they must give a public notice which includes the agenda and schedule (Utah Code 52-4-202(2009)). This schedule includes pending minutes.

Agenda:

SD 1-2, 15-1

CNT 1-2

MUN 1-1

 

Retain until official minutes are approved

Utah Code 52-4 (Open and Public Meetings Act)
Utah Code 52-4-103(5)(2012)[meeting defined]

Utah Code 63F-1-701(5)(c)(2013)[Public Notice Website]

-Open Meeting Minutes-

A meeting convenes for the “purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body has jurisdiction or advisory power.” (Utah Code 52-4-103(5) (a) (2012). Written minutes and a recording shall be kept of all open meetings. Approved minutes of an open meeting are the official record of the meeting. Included in the minutes shall be the agenda, supporting information requested by a member of the body, votes taken, the substance of testimony or comments given and related records. Recordings must be complete and unedited. (Utah Code 52-4-203(2013))

Minutes:
SD
15-2, 15-5, 17-24

SG 1-2, 1-51

CNT 1-15,

MUN 1-13
Recordings: (previous schedules do not require permanent disposition for open meetings)

SD 15-7

SG 1-41

CNT 1-44

MUN 1-45

Permanent. May be transferred to the State Archives.  

 

Utah Code 52-4 (Open and Public Meetings Act)

Utah Code 63G-2-301(2)(e)(2013)

Utah Code 52-4-103(5)(2012)[meeting defined]

Utah Code 63F-1-701(5)(c)(2013)[Public Notice Website]

-Closed Meeting Records-

A meeting convenes for the “purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body has jurisdiction or advisory power.” (Utah Code 52-4-103(5) (a) (2012).  No meeting is required to be closed. A meeting can be closed if the majority of members approve and the matter discussed is permitted under Utah Code 52-4-205(2013).  Final action votes cannot be taken in a closed meeting.  (Utah Code 52-4-205(2013)). Recordings shall be complete and unedited (Utah Code 52-4-206(2) (2010)).

Minutes:
SD
15-2, 15-5, 17-24

SG 1-2, 1-51

CNT 1-15,

MUN 1-13
Recordings:
SD 15-7

SG 1-41

CNT 1-44

MUN 1-45

Permanent. May be transferred to the State Archives.  

 

Utah Code 52-4 (Open and Public Meetings Act)

Utah Code 63G-2-305(32)(2012)

Utah Code 52-4-103(5)(2012)[meeting defined]

Utah Code 63F-1-701(5)(c)(2013)[Public Notice Website]

Categories: Records Management
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