Records Management Essentials

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1.4. Records management options for political subdivisions

The Government Records Access and Management Act (Utah Code Section 63G-2-701) authorizes political subdivisions to adopt internal ordinances or policies relating to records management practices that are applicable within their jurisdiction. This includes the opportunity to establish separate retention schedules. Local governmental entities that adopt their own records ordinances or retention schedules must provide copies of those schedules, policies, or ordinances to the State Archives.

Utah Code 63G-2-701 – Political subdivisions may adopt ordinances in compliance with this chapter.
(1) (a) Each political subdivision may adopt an ordinance or a policy applicable throughout its jurisdiction relating to information practices including classification, designation, access, denials, segregation, appeals, management retention and amendment of records...
(c) If any political subdivision does not adopt and maintain an ordinance or policy, then that political subdivision is subject to this chapter...
(f) The political subdivision shall also report to the state archives all retention schedules, and all designations and classifications applied to record series maintained by the political subdivision.
(g) The report required by Subsection (2)(f) is notification to state archives of the political subdivision's retention schedules, designations, and classifications. The report is not subject to approval by state archives. If state archives determines that a different retention schedule is needed for state purposes, state archives shall notify the political subdivision of the state's retention schedule for the records and shall maintain the records if requested to do so under Subsection 63A-12-105(2).

The State Archives is mandated to preserve the permanent records for all of the governmental entities in the state, and will determine if a retention schedule provided by a political subdivision for their use deviates from model retention schedules provided by the Archives. In cases where this occurs, the Archives reserves the right to assert its legal position under 63G-7-201 and will work with the entity to transfer permanent custody of the record to the Archives once administrative, legal, and/or fiscal need ends.