2.64.120 Protected records.
The following records are protected if properly classified by the City:
1. Trade secrets as defined in Section 13-24-2 of Utah Code Annotated if the person submitting the trade secret has provided the City with the information specified in Section 63-2-308 of Utah Code Annotated;
2. Commercial information or nonindividual financial obtained from a person if:
a. Disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the City to obtain necessary information in the future,
b. The person submitting the information has a greater interest in prohibiting access than the public in obtaining access, and
c. The person submitting the information has provided the City with the information specified in Section 63-2-308, Utah Code Annotated;
3. Commercial or financial information acquired or prepared by the City to the extent that a disclosure would lead to financial speculations in currencies, securities, or commodities that will interfere with a planned transaction by the City or cause substantial financial injury to the City or cause substantial financial injury to the City or state economy;
4. Test questions and answers to be used in future license, certification, registration, employment, or academic examinations;
5. Records the disclosure of which would impair governmental procurement or give an unfair advantage to any person proposing to enter into a contract or agreement with the City, except that this subsection does not restrict the right of a person to see bids submitted to or by the City after bidding has closed;
6. Records that would identify real property or the appraisal or estimated value of real or personal property, including intellectual property, under consideration for public acquisition before any rights to the property are acquired unless:
a. Public interest in obtaining access to the information outweighs the City’s need to acquire the property on the best terms possible,
b. The information has already been disclosed to persons not employed by or under a duty of confidentiality to the entity,
c. In the case of records that would identify property, potential sellers of the property described have already learned of the City’s plans to acquire the property,
d. In the case of records that would identify the appraisal or estimated value of property, the potential sellers have already learned of the City’s estimated value of the property;
7. Records prepared in contemplation of sale, exchange, lease, rental, or other compensated transaction of real or personal property including intellectual property, which, if disclosed prior to completion of the transaction, would reveal the appraisal or estimated value of the subject property, unless:
a. The public interest in access outweighs the interests in restricting access, including the City’s interest in maximizing the financial benefit of the transaction, or
b. When prepared by or on behalf of the City, appraisals or estimates of the value of the subject property have already been disclosed to persons not employed by or under a duty of confidentiality to the City;
8. Records created or maintained for civil, criminal, or administrative enforcement purposes or audit purposes, or for discipline, licensing, certification, or registration purposes if release of the records:
a. Reasonably could be expected to interfere with investigations undertaken for enforcement, discipline, licensing, certification, or registration purposes,
b. Reasonably could be expected to interfere with audits, disciplinary, or enforcement proceedings,
c. Would create a danger of depriving a person of a right to a fair trial or impartial hearing,
d. Reasonably could be expected to disclose the identity of a source who is not generally known outside of government and, in the case of a record compiled in the course of an investigation, disclose information furnished by a source not generally known outside of government if disclosure would compromise the source, or
e. Reasonably could be expected to disclose investigative or audit techniques, procedures, policies, or orders not generally known outside of government if disclosure would interfere with enforcement or audit efforts;
9. Records the disclosure of which would jeopardize the life or safety of an individual;
10. Records the disclosure of which would jeopardize the security of governmental property, governmental programs, or governmental record keeping systems from damage, theft, or other appropriation or use contrary to law or public policy;
11. Records that, if disclosed, would jeopardize the security or safety of a correctional facility, or records relating to incarceration, treatment, probation, or parole, that would interfere with the control and supervision of an offender’s incarceration, treatment, probation or parole;
12. Records that if disclosed, would reveal recommendations made to the Board of Pardons by an employee of or contractor for the Department of Corrections, the Board of Pardons, or the Department of Human Services that are based on the employee’s or contractor’s supervision, diagnosis, or treatment of any person within the Board’s jurisdiction;
13. Records and audit workpapers that identify audit, collection, and operational procedures and methods used by the Utah State Tax Commission if disclosure would interfere with audits or collections;
14. Records of a governmental audit agency relating to an ongoing or planned audit until the final audit is released;
15. Records prepared by or on behalf of the City solely in anticipation of litigation that are not available under the rules of discovery;
16. Records disclosing an attorney’s work product, including the mental impressions or legal theories of an attorney or other representative of the City concerning litigation;
17. Records of communications between the City and an attorney representing, retained or employed by the City if the communications would be privileged as provided in Section 78-24-8, Utah Code Annotated;
18. Drafts, unless otherwise classified as public;
19. Records concerning the City’s strategy about collective bargaining or pending litigation;
20. Records of investigations of loss occurrences and analyses of loss occurrences;
21. Records, other than personnel evaluations, that contain a personal recommendation concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal privacy, or disclosure is not in the public interest;
22. Records that reveal the location of historic, prehistoric, paleontological, or biological resources that if known would jeopardize the security of those resources or of valuable historic, scientific, educational, or cultural information;
23. Records of independent state agencies if the disclosure of the records would conflict with the fiduciary obligations of the agency;
24. Records provided by the United States or by a governmental entity outside the state that are given to the City with a requirement that they be managed as protected records if the providing entity certifies that the record would not be subject to public disclosure if retained by it;
25. Transcripts, minutes, or reports of the closed portion of a meeting of a public body except as provided in Section 52-4-7 of the Open and Public Meeting Act;
26. Records that would reveal the contents of settlement negotiations but not including final settlements or empirical data to the extent that they are not otherwise exempt from disclosure;
27. Memoranda prepared by staff and used in the decision-making process by an administrative law judge, a member of the Board of Pardons, or a member of any other body charged by law with performing a quasi-judicial function;
28. Records that would reveal negotiations regarding assistance of incentives offered by or requested from the City for the purpose of encouraging a person to expand or locate a business in Utah, but only if disclosure would result in actual economic harm to the person or place the City at a competitive disadvantage, but this section may not be used to restrict access to a record evidencing a final contract; and
29. Materials to which access must be limited for purposes of securing or maintaining the City’s proprietary protection of intellectual property rights including patents, copyrights, and trade secrets. (Ord. 93-18 § 12, 1993)