In keeping with this idea, the Archives has revised the Records Laws page on the Archives website to create a convenient point of access for records laws. Links from this site include:

1. State records laws. The Government Records Access and Management Act (GRAMA), the Public Records Management Act (PRMA), and the Open and Public Meetings Act, are sometimes referred to as sunshine laws. Variations of these laws exist in every state. Additionally, records are mentioned in numerous places throughout Utah code.
2. Local government records ordinances and policies. GRAMA allows local governments to adopt records policies or ordinances. (see Utah Code 63G-2-701(1). This ability provides the opportunity to be more specific, to fill in gaps, or make adaptations to GRAMA. For example, specific fee schedules can be adopted or an appeals process separate from the State Records Committee can be put in place. However, local ordinances and policies must be consistent with state laws. Local governments that have adopted records ordinances or policies are required to file them with the state archives. (Utah Code 63G-2-701(1)(e).
3. Federal laws. Common examples of federal laws that affect Utah government records are HIPAA (Health Insurance Portability and Accountability Act) and the Family Educational Rights and Privacy Act (FERPA). Other federal laws could affect specific kinds of records.

Governmental entities with records ordinances should verify that the links provided are attached to the most recent records ordinance. If the ordinance listed for your governmental entity is incorrect, or missing, please contact  Glen Fairclough.

To visit our newly updated records laws page, click here.

Salt Lake City, UT

Providing Public Access to Government Records (parts 1 &2) 9:00 am to 3:00 pm

• May 23, 2012
• August 22, 2012

Manti, UT

Handling Office Overload: Basic Records Management (parts 1 &2)  9:00 am to 3:00 pm

• August 1, 2012

Providing Public Access to Government Records (parts 1 &2)  9:00 am to 3:00 pm

• August 2, 2012

Moab, UT

Controlling and Managing Law Enforcement Records, 9:00 am to 12:00 pm

• August 16, 2012
• Please email Mindy Spring to register for this training

Kanab, UT

Handling Office Overload: Basic Records Management (parts 1 &2) 9:00 am to 3:00 pm

• September 26 , 2012

Providing Public Access to Government Records (parts 1 &2) 9:00 am to 3:00 pm

• September 27, 2012

To register for a training event, please click here.

Kenneth Thibodeau, who recently retired from a career at the National Archives, said that nothing is constant except change. He began his career when computers were mainframes and records management was managing forms and correspondence. Ken believes that understanding where we have been as a profession can instruct where we are going. The objective of records managers should be to add value as we ride the waves of change. Ken compared the changing functions of records managers to commercial advertising. Audio advertisements that were very effective on radio were not effective as TV commercials. In turn, television commercials are not effective for internet where tailoring ads to the interests of specific individuals is possible. Likewise, records management approaches must change. Electronic records have replaced file cabinets, and the process is not only changing the way we do things, but changing what we do and who is doing it. As electronic records bring about new capabilities, it behooves records managers to consider their organization’s business purposes and implement technology to support key functions. While there is a tendency to shift records management functions to IT, the records management role is critically important. Records managers understand the organization’s business purposes. They must ensure that the right information gets to the right people at the right time, and only that information. Records managers need the ability to evaluate business needs and then evaluate how technology can be used for solutions. Define the business. Specify the requirements. Analyze the possibilities and then work with technologists to accomplish the organization’s goals. Records managers are well positioned to contribute to the management of digital information and to make sure that technology accomplishes the best mission. Kenneth Thibodeau’s presentation.

James Seeley said that according to a study the electronic data organizations typically maintain, 80% is information that should be deleted, 15% is information that would be good to keep, and 5% must be kept. Duplication of files is part of this challenge. As electronic storage costs drop and the amount of data being stored increases, it is becoming more and more difficult for organizations to manage files saved on shared drives and desktops. Referring to these files as unstructured data, James introduced software that will manage these files regardless of where they are stored. Using metadata that is added when files are created, the software tracks where and when the files are saved, and sends prompts when files meet retention. James’s remarks speak to the point that agencies should be concerned about managing all files and not just the “record copy.” James Seeley’s presentation.

Tad Howington emphasized that records managers must work together with IT, business managers, and legal council to be effective. New technology brings new opportunities and challenges. For example, it may be more effective to think about managing electronic information than records. Technology should add value. For example, it enables instant transactions and efficient processes and makes actions more transparent. However, the current trend, ‘maintaining everything,’ has led to uncontrolled growth of electronic information. Information needs to be managed. Tad referred to two sources of guidance for electronic record management: GARP Generally Accepted Recordkeeping Principles www.arma.org/GARP, and ISO 15489 which is International Standards for records management. Tad suggested several steps to good records management. Begin with a vision. What can you imagine? Solicit input from other stakeholders and come up with a mission. Create a governing council and initiate policies. Records or information must be created, held, discovered, stored, secured, disposed of, and archived, but no one profession has all of the answers to accomplish all this. Records managers are the leaders who can bring everyone together to make it happen. Tad Howington’s presentation.

Philip Favro lightened the end of the day with a discussion of data security and e-discovery. The explosion of electronically stored information is bringing records management, e-discovery, and data security together. The courts expect information to be managed. Additionally, government is required to provide records in response to GRAMA requests. Consistently following a policy of document destruction that meets legal requirements as well as business needs is good practice. Philip discussed some records management challenges: email management, data security and privacy, e-discovery, data storage, and compliance. Implementing best practices means developing processes, assigning ownership, securing funding, and applying the right technologies. Philip Favro’s presentation.

For professionals who deal with records and historic documents, a third tradition has sprung up as part of the MayDay celebrations—a grassroots effort to save our archives. Government records managers and professionals, as the custodians of permanent and historic records, have a duty to participate as well. The goal behind the archival MayDay celebration is for each individual and office to do something simple to protect the records in their custody.

This year, the Society of American Archivists is emphasizing our ability to protect our records in response to an emergency or disaster. On April 17, 2012, Utah governmental entities participated in the Great Utah Shakeout, an initiative to test our emergency preparedness plans in response to a devastating earthquake. I encourage all state and local government records professionals to evaluate your Great Utah Shakeout response and commit to doing one simple thing in your office today that will preserve the records in your custody in the event of an emergency or disaster.

MayDay ideas:

1. Move boxes off of the ground to shelving at least four inches above the ground.
2. Look for loose and unboxed materials – and make a plan to get the boxing done.
3. Identify the most critical, essential, and/or important records.
4. Read your Emergency/Disaster plan—does it have provisions for how to preserve your records?
5. Complete a short survey expressing your interest in attending a two day workshop on disaster response planning.

The most important thing is to do something. Our information assets are a large part of our cultural heritage and are necessary to preserve a functioning government.

How do you plan to celebrate MayDay? Let us know in the comments!

This year, the Utah State Archives and Records Service is sponsoring three events as part of RIM month. We hope you will join us for one or all of these events.

Official Utah State Archives and Records Service RIM events:

April 11, 2012

• Essential Records Protection and Disaster Recovery training

April 25, 2012

• “What’s in Those Cabinets: Tackling the Records Inventory and Appraisal Process” training

April 26, 2012

• Utah State Archives Electronic Records Management Conference 2012

Other events:

April 17, 2012

• The Great Utah Shakeout

April 19, 2012

• ARMA Utah-Salt Lake chapter meeting

Topic: Tour of BYU Library

Date: THURSDAY, April 19, 2012

Time: 11:30 a.m. – 1:00 p.m. (lunch available free to members and also first-time visitors. $5.00 for returning non-members)

Place: Harold B. Lee Library, Brigham Young University — information/directions

RSVP: Tracy Hansen

Records managers looking to promote in-office RIM events may consider scheduling an office-wide training day to update all office personnel on retention policies and GRAMA request procedures. Records managers might also speak with their directors to schedule an in-office records clean-up day where employees dress in jeans and everyone pitches in to address office backlog. For ideas on how to implement a records clean-up day, contact a records analyst. We would love to help you plan a clean-up day!

The Records Center’s new telephone number is: (801) 525-3045; and our new fax number is: (801) 825-3293.

The Records Center’s mailing address has not changed. It is:

Utah State Records Center

PO Box 141029

Salt Lake City, UT 84114-1029

The new street address is:

Utah State Records Center

Building C-6

5^th St &C St

Clearfield, Utah

Thank you for your patience and understanding during the transition. Our staff looks forward to working with you and continuing to provide quality records management and offsite storage services.

For attendees traveling from out of town, a list of Salt Lake City hotel accommodations can be found here. If you need additional assistance locating hotel accommodations please contact Mindy Spring or Joshua Bullough.

Please note that the event will be held in the State Office Building Auditorium located just North of the State Capitol building. The Auditorium is located on the first floor. From the main entrance, attendees should take the elevators down one floor.

Parking at the State Capitol campus is LIMITED and available on a first come first served basis. Parking is available on the east side of the campus. Additional parking can be found on local side streets. Please note that residential parking has a two hour limit. Please carpool if possible.

Public transportation is available to the State Office building. Attendees using Frontrunner can take the 500 bus from the Salt Lake Central station to the State Office building. Other buses stopping at the State Capitol include bus 461 from Bountiful.

Our finalized agenda has been posted to the 2012 RIMM Event page.

Register today! Registration closes at midnight on March 23, 2012.

Registration for the Utah State Archives Electronic Records Management Conference will be closing Friday, March 23th. The conference will be held on April 26th, 2012 at the State Office Building Auditorium at the Utah State Capitol Campus.

For registration and more information please see the 2012 RIMM Event tab on this blog. The conference will focus on electronic records with presentations on discovery, technological judgement, information governance, and manage in place solutions.

In January we announced two session speakers, Kenneth Thibodeau and Philip Favro. We are pleased to announce our afternoon keynote, Tad C. Howington.

Tad Howington has nearly 30 years of experience in various aspects of records and information management. He has managed and directed enterprise-wide records and information management programs at LCRA and ERCOT in Austin, Tarrant County in Fort Worth, and most recently at Center Point Energy in Houston.

Tad received his Bachelor of Arts (BA) in History/English from the University of New Mexico. He also holds a Master of Arts (MA) in History/Archival Administration from the University of Texas and a Master of Library and Information Sciences (MLS) from the University of North Texas. He is both a Certified Records Manager and a Certified Archivist.

A member of ARMA for 25+ years, Tad has served in numerous leadership positions on the Local, Regional and International levels. Highlights of his local ARMA involvement include two terms as President of the Fort Worth Chapter and seven years on the Austin Chapter Board of Directors where he served at various times as Chairman of the Program and Seminar Committees and Editor of the Chapter’s newsletter. He is currently the Executive Vice President of the Houston Chapter.

Throughout his ARMA experience Tad has had the opportunity to serve on various International Committees, including Standards and Development, Membership, Strategic Planning and Finance. He served three years as the Southwest Region’s Director, representing the region on ARMA International’s Board of Directors. From 1999-2000, Tad served with distinction as President of ARMA International.

Tad received ARMA International’s Distinguished Service Award in 2001 and was inducted into ARMA’s Company of Fellows in 2002 for his continued service to both the Association and to the profession of records and information management.

Tad has taught records and information management courses at Dallas County Community College, Austin Community College and in the Graduate School of Library and Information Sciences at the University of North Texas. He has also served as an Adjunct Instructor of Records Management in the Graduate School of Information at the University of Texas at Austin. In addition he has conducted over 90 seminars and workshops throughout the United States, Canada, Japan, Mexico and New Zealand.

Register today!

Records Keepers in now on Facebook! Visit our new timeline to view recent Utah State Archives and records management related events, view photos of our records center move, and to browse through articles we find and post about records management, electronic records, email management, social media and all things records.

To visit our Facebook page, select the link on the right-hand menu or click here.

Be sure to “like” us!

Now, a year later, the 2012 Legislature has implemented changes based on the working group’s recommendations. Senate Bill 177 expands the supporting role of the State Archives by requiring the Archives to provide online training for all government records officers and to publish on its web site the names of all records officers. Senate Bill 177 also requires the Archives to appoint a records ombudsman to be a resource for both government employees who are responding to requests and to members of the public who are making records requests. The bill makes changes to the wording of GRAMA weighing provisions that tip a balanced scale in favor of providing access. All in all, these changes should improve the public’s ability to access public records. View a copy of Senate Bill 177 as it was passed on March 8, 2012.

Online training: The new law requires that all records officers be certified annually through online training. The law already required that every governmental entity appoint a records officer to work with the State Archives in the care, management, and access of records, and also required the Archives to provide training. The new requirement for the Archives to provide annual records officer certification through online training along with the requirement for records officers’ contact information and proof of certification to be published, will make government more accountable. Records officer training is to focus on the provisions of GRAMA and other legal and policy matters that relate to responding to records requests. These changes are to be implemented on or before January 1, 2013.

Records ombudsman:  In order to provide further support the State Archives will be required to appoint a records ombudsman who is familiar with GRAMA and who will serve as a resource for both records requesters and the records officers who are filling their requests. In addition to answering questions the ombudsman can attempt to mediate disagreements between requestors and responders. This resource is to be implemented before May 8, 2012.

Weighing provisions: Language about weighing provisions has been adjusted throughout GRAMA to clearly favor records access. For example, where the law previously stated that a governmental entity should disclose a record “when interests favoring access outweigh the interest favoring restriction,” SB177 states that access should be provided when the interest favoring access is “greater than or equal to” the interest favoring restriction. This adjustment clarifies and reinforces the legislative intent section which has always been a part of GRAMA.

Additional changes:                                                                                                                                                                                                    The revised law requires a requester who is appealing a records denial to the State Records Committee to also provide a copy of the appeal to the relevant governmental entity. It clarifies deadlines for making an appeal.

Language identifying personal notes and communication as non-records when they are prepared or received in an employee’s private capacity, has been changed to include any capacity other than the officer’s government capacity, or anything that is not related to the conduct of the public’s business.

Records that are subject to attorney-client privilege are protected, and now protection will be extended to a wide variety of records that are prepared in anticipation of litigation or of a quasi-judicial or administrative proceeding.

The weighing provision for certain enforcement and litigation records can be exercised only when there is a preponderance of evidence that the public interest in disclosure outweighs the government interest in nondisclosure.

The law provides a good faith defense for employees who mistakenly release what should be restricted or who restrict records that should be released on the belief that their action was in accordance with the law.

Finally, a public employee who refuses to release a record after receiving an unappealed order to do so is guilty of a class B misdemeanor.