For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Government Records Access and Management Act, UCA §§ 63-2-1 et seq. (1953), as amended.
AGENCY. Any office, department, division, section, staff office, board, committee, or other division of the county government, any public or private entity or person which contracts with the county to provide goods or services directly to the county, or any private, non-profit entity that receives funds from the county.
COMPUTER SOFTWARE PROGRAM. The series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation, manuals, or other source material explaining how to operate the software program. SOFTWARE does not include the original data or record which is manipulated by the software.
CONTROLLED RECORDS. Those defined as controlled under the provisions of this subchapter and in accordance with the provisions of the Act.
DATA. Individual entries (for example, birth date, address, and the like) in records.
DESIGNATE or DESIGNATION. To give an initial or primary classification to a record or record series indicating the likely classification that a majority of such records or record series would be given if classified.
DISPOSE. To destroy, or render irretrievable or illegible, a record or the information contained in it by any physical, electronic, or other means including unauthorized deletion or erasure of electronically recorded audio, visual, non-written formats, data processing, or other records.
NON-PUBLIC RECORDS. Those records defined as private, controlled, or protected under the provisions of this subchapter and of the Act.
PRIVATE RECORDS. Those records classified as private under the provisions of this subchapter and of the Act.
PROTECTED RECORDS. Those records classified as protected under the provision of this subchapter and the Act.
PUBLIC RECORDS. Those records which have not been classified as non-public in accordance with the provisions of this subchapter and the Act.
RECORD.
(1) All books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, or other documentary materials, and electronic data regardless of physical form or characteristics, prepared, owned, used, received, or retained by the county where all the information in the original is reproducible by some mechanical, electronic, photographic, or other means.
(2) RECORD does not mean:
(a) Temporary drafts or similar materials prepared for the originator’s personal use or prepared by the originator for the personal use of a person for whom he or she is working;
(b) Materials that are legally owned by an individual in his or her private capacity;
(c) Materials to which access is limited by the laws of copyright or patent, unless owned by the county;
(d) Junk mail or commercial publications received by the county or by an officer or employee of the county;
(e) Books and other materials that are catalogued, indexed, or inventoried and contained in the collections of county libraries open to the public, regardless of physical form or characteristics of the material;
(f) Personal notes or daily calendars prepared by any county employee for personal use or the personal use of a supervisor, or such notes, calendars, or internal memoranda prepared for the use of an officer or agency acting in a quasi-judicial or deliberative process or pursuant to matters discussed in a meeting closed pursuant to the state’s Open Meetings Act; or
(g) Proprietary computer software programs, as defined above, that are developed or purchased by or for the county for its own use.
(Ord. 1995-1, passed 1-9-1995)