Module 5: Applicability to Political Subdivisions, the Judiciary, and the Legislature

There are exceptions to the applicability of GRAMA. Political subdivisions, the judiciary, and the Legislature have certain latitude.

Applicability to the judiciary; Applicability to the Legislature

The Judiciary and the Legislature and its staff offices, in Sections 63G-2-702 and 703 respectively, are exempt from some of the requirements of GRAMA. Their records are still the property of the state, and classification standards and access requirements cannot be altered. However, they are not subject to the appeals process of which the state records committee is a part. The Judiciary and the Legislature are responsible for the management and retention of their own records, may establish their own records retention schedules, and are not subject to GRAMA fee schedules

Political subdivisions may adopt ordinances in compliance with chapter

The law grants political subdivisions the right to adopt policies or ordinances relating to the classification, designation, access, denials, segregation, appeals, management, and retention of records. While there is latitude for difference in establishing policies about records retention, about the appeals process, and about the implementation of specific practices, classification standards and access requirements cannot be altered. 

Any political subdivision which does not adopt a policy or ordinance must abide by the provisions of GRAMA. Every policy, ordinance, or amendment must be filed with the State Archives within 30 [calendar] days of its effective date.

63G-2-701. Political subdivisions may adopt ordinances in compliance with 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.

Records officers of political subdivisions should check to see if their local government has an ordinance and, if they do, become familiar with it.