Administrative Services, Records Committee

Section R35-1-4

Committee Minutes

Notice of Proposed Rule

(Amendment)

DAR File No.: 33335
Filed: 01/21/2010 01:54:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify State Records Committee (SRC) for approval of minutes and providing access to minutes and recordings of open public meetings.

Summary of the rule or change:

This changes the procedures for approval of minutes and recording of meetings and proving timely access to these records.

State statutory or constitutional authorization for this rule:

• Section 63G-3-402
• Article IV
• Subsection 63G-3-601(3)

Anticipated cost or savings to:

the state budget:

No effect on the state budget. There is no added cost to the state budget because the procedures for approval of SRC minutes is implemented by current Archives personnel acting as Executive Secretary of the SRC. The SRC is a group of volunteer individuals appointed by the governor to serve four year terms. It is composed of government employees and private individuals who serve on the SRC without pay or by assignment in the case of state employees, and therefore imposes no additional cost.

local governments:

No effect on local government. There is no added cost to local government because the procedures for approval of SRC minutes is implemented by current Archives personnel acting as Executive Secretary of the SRC. The SRC is a group of volunteer individuals appointed by the governor to serve four year terms. It is composed of government employees and private individuals who serve on the SRC without pay or by assignment in the case of state employees, and therefore imposes no additional cost.

small businesses:

No effect on small businesses. There is no added cost to small businesses because the procedures for approval of SRC minutes is implemented by current Archives personnel acting as Executive Secretary of the SRC. The SRC is a group of volunteer individuals appointed by the governor to serve four year terms. It is composed of government employees and private individuals who serve on the SRC without pay or by assignment in the case of state employees, and therefore imposes no additional cost.

persons other than small businesses, businesses, or local governmental entities:

Affects persons requesting access to copies of minutes or recordings of public meetings. There is no added cost to persons other than small businesses, businesses, or local governmental entities because the procedures for approval of SRC minutes is implemented by current Archives personnel acting as Executive Secretary of the SRC. The SRC is a group of volunteer individuals appointed by the governor to serve four year terms. It is composed of government employees and private individuals who serve on the SRC without pay or by assignment in the case of state employees, and therefore imposes no additional cost.

Compliance costs for affected persons:

Costs assessed according to Archives schedule for proving copies of records.

Comments by the department head on the fiscal impact the rule may have on businesses:

No effect on businesses.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Records Committee
346 S RIO GRANDE
SALT LAKE CITY, UT 84101-1106

Direct questions regarding this rule to:

• Susan Mumford at the above address, by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2010

This rule may become effective on:

04/15/2010

Authorized by:

Patricia Smith-Mansfield, Director

R35. Administrative Services, Records Committee.

R35-1. State Records Committee Appeal Hearing Procedures.

R35-1-4. Committee Minutes.

(1) Purpose. Utah Code Section 52-4-203 requires any public body to establish and implement procedures for the public body's approval of the written minutes of each meeting. This rule establishes procedures for the State Records Committee to approve the written minutes of each meeting.

(2) Authority. This rule is enacted under the authority of Utah Code Sections 52-4-203, 63G-3-201, and 78A-12-101 et seq.

[(1)](3) All meetings of the Committee shall be recorded. The recording of the open meeting shall be made available to the public within 3 business days. Access to the audio recordings shall be provided by the Executive Secretary at the Utah State Archives, Research Center.

[(2)](4) Approved written minutes shall be the official record of the meetings and appeal hearings and shall be maintained by the Executive Secretary.[ A copy of the approved minutes shall be made available for public access at the Utah State Archives.]

(a) Written minutes shall be read by members prior to the next scheduled meeting, including electronic meetings.

(b) Written minutes from meetings will be made available no later than one week prior to the date of the next regularly scheduled Committee meeting.

(c) When minutes are complete but waiting official approval, they are a public record and must be marked as "Draft".

(d) At the next meeting, at the direction of the chair, minutes shall be amended and/or approved with individual votes recorded in the minutes. The minutes will be then marked as "Approved".

(e) When the minutes are "Approved" they will be so noted in the printed and online versions. A copy of the approved minutes shall be made available for public access at the Utah State Archives.

 

KEY: government documents, state records committee, records appeal hearings

Date of Enactment or Last Substantive Amendment: [October 13, 2009]2010

Notice of Continuation: September 23, 2009

Authorizing, and Implemented or Interpreted Law: 63G-2-502(2)(a)