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Response - BuildingApril 14, 2022 Dan Bullert 7700 Stein Way Park City, UT 84060 Re: GRAMA request GR-22-0412.1 Dear Mr. Bullert: Park City Municipal has received your GRAMA request dated April 12, 2022. “Stein Collection manages the Chateaux Deer Valley which is adjacent to Fire Station 34. I understand there will be a construction project starting soon lasting until Thanksgiving. I would like to understand the scope of the work and the impact to our guests and owners at the Chateaux. To my knowledge, as a representative, I don't believe we've received any letter stating the work.” GRAMA requests are for access to public documents. Since none were specifically requested, no documents can be provided. However, I spoke with our Building Official, Dave Thacker, about your concerns. He would be happy to meet with you to discuss the scope and impact of the project. If you are interested in meeting, please contact me at the number below so that we can set up a mutually agreeable time. If you have questions, please contact the Building Department at (435) 615-5101. Cost Due: $0 Please feel free to contact me if you have any questions. Sincerely, Ruth Mather 435-615-5101 ruth.mather@parkcity.org Pursuant to Municipal Code § 5-2-1, you may appeal this decision to the City Manager by filing a notice of appeal within 30 days of the date of this letter. The appeal must include the following: (1) Your name, mailing address, and daytime phone number; (2) relief sought; and may include (3) a short statement of facts, reasons, and legal authority in support of the appeal. The City Manager will make determination within 10 business days of receipt of the appeal, or within five business days of receipt of the appeal if the requester or interested party demonstrates that an expedited decision benefits the public rather than the requester or interested party, or within twelve business days after the City sends the requester’s notice of appeal to a person who submitted a claim of business confidentiality. If the City Manager fails to make a determination within this period, this shall be considered the equivalent of an order denying the appeal. SUBSECTIONS FOR RECORDS CLASSIFICATION (2018) Utah Code § 63G-2-302. Private records. (1) The following records are private: (a) records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels; (b) records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medical data; (c) records of publicly funded libraries that when examined alone or with other records identify a patron; (d) records received by or generated by or for: (i) the Independent Legislative Ethics Commission, except for: (A) the commission's summary data report that is required under legislative rule; and (B) any other document that is classified as public under legislative rule; or (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints, unless the record is classified as public under legislative rule; (e) records received by, or generated by or for, the Independent Executive Branch Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review of Executive Branch Ethics Complaints; (f) records received or generated for a Senate confirmation committee concerning character, professional competence, or physical or mental health of an individual: (i) if, prior to the meeting, the chair of the committee determines release of the records: (A) reasonably could be expected to interfere with the investigation undertaken by the committee; or (B) would create a danger of depriving a person of a right to a fair proceeding or impartial hearing; and (ii) after the meeting, if the meeting was closed to the public; (g) employment records concerning a current or former employee of, or applicant for employment with, a governmental entity that would disclose that individual's home address, home telephone number, social security number, insurance coverage, marital status, or payroll deductions; (h) records or parts of records under Section 63G-2-303 that a current or former employee identifies as private according to the requirements of that section; (i) that part of a record indicating a person's social security number or federal employer identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202, 58-1- 301, 58-55-302, 61-1-4, or 61-2f-203; (j) that part of a voter registration record identifying a voter's: (i) driver license or identification card number; (ii) social security number, or last four digits of the social security number; (iii) email address; or (iv) date of birth; (k) a voter registration record that is classified as a private record by the lieutenant governor or a county clerk under Subsection 20A-2-104(4)(f), 20A-2-101.1(5)(a), or 20A-2-204(4)(b); (l) a record that: (i) contains information about an individual; (ii) is voluntarily provided by the individual; and (iii) goes into an electronic database that: (A) is designated by and administered under the authority of the Chief Information Officer; and (B) acts as a repository of information about the individual that can be electronically retrieved and used to facilitate the individual's online interaction with a state agency; (m) information provided to the Commissioner of Insurance under: (i) Subsection 31A-23a-115(3)(a); (ii) Subsection 31A-23a-302(4); or (iii) Subsection 31A-26-210(4); (n) information obtained through a criminal background check under Title 11, Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems; (o) information provided by an offender that is: (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and (ii) not required to be made available to the public under Subsection 77-41-110(4) or 77-43- 108(4); (p) a statement and any supporting documentation filed with the attorney general in accordance with Section 34-45-107, if the federal law or action supporting the filing involves homeland security; (q) electronic toll collection customer account information received or collected under Section 72-6- 118 and customer information described in Section 17B-2a-815 received or collected by a public transit district, including contact and payment information and customer travel data; (r) an email address provided by a military or overseas voter under Section 20A-16-501; (s) a completed military-overseas ballot that is electronically transmitted under Title 20A, Chapter 16, Uniform Military and Overseas Voters Act; (t) records received by or generated by or for the Political Subdivisions Ethics Review Commission established in Section 63A-15-201, except for: (i) the commission's summary data report that is required in Section 63A-15-202; and (ii) any other document that is classified as public in accordance with Title 63A, Chapter 15, Political Subdivisions Ethics Review Commission; (u) a record described in Subsection 53G-9-604(3) that verifies that a parent was notified of an incident or threat; (v) a criminal background check or credit history report conducted in accordance with Section 63A- 3-201; and (w) a record described in Subsection 53-5a-104(7). (2) The following records are private if properly classified by a governmental entity: (a) records concerning a current or former employee of, or applicant for employment with a governmental entity, including performance evaluations and personal status information such as race, religion, or disabilities, but not including records that are public under Subsection 63G-2- 301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b); (b) records describing an individual's finances, except that the following are public: (i) records described in Subsection 63G-2-301(2); (ii) information provided to the governmental entity for the purpose of complying with a financial assurance requirement; or (iii) records that must be disclosed in accordance with another statute; (c) records of independent state agencies if the disclosure of those records would conflict with the fiduciary obligations of the agency; (d) other records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy; (e) records provided by the United States or by a government entity outside the state that are given with the requirement that the records be managed as private records, if the providing entity states in writing that the record would not be subject to public disclosure if retained by it; (f) any portion of a record in the custody of the Division of Aging and Adult Services, created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and (g) audio and video recordings created by a body-worn camera, as defined in Section 77-7a-103, that record sound or images inside a home or residence except for recordings that: (i) depict the commission of an alleged crime; (ii) record any encounter between a law enforcement officer and a person that results in death or bodily injury, or includes an instance when an officer fires a weapon; (iii) record any encounter that is the subject of a complaint or a legal proceeding against a law enforcement officer or law enforcement agency; (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d); or (v) have been requested for reclassification as a public record by a subject or authorized agent of a subject featured in the recording. (3) (a) As used in this Subsection (3), "medical records" means medical reports, records, statements, history, diagnosis, condition, treatment, and evaluation. (b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors, or affiliated entities are not private records or controlled records under Section 63G-2-304 when the records are sought: (i) in connection with any legal or administrative proceeding in which the patient's physical, mental, or emotional condition is an element of any claim or defense; or (ii) after a patient's death, in any legal or administrative proceeding in which any party relies upon the condition as an element of the claim or defense. (c) Medical records are subject to production in a legal or administrative proceeding according to state or federal statutes or rules of procedure and evidence as if the medical records were in the possession of a nongovernmental medical care provider. Utah Code § 63G-2-304. Controlled records. A record is controlled if: (1) the record contains medical, psychiatric, or psychological data about an individual; (2) the governmental entity reasonably believes that: (a) releasing the information in the record to the subject of the record would be detrimental to the subject's mental health or to the safety of any individual; or (b) releasing the information would constitute a violation of normal professional practice and medical ethics; and (3) the governmental entity has properly classified the record. Utah Code § 63G-2-305. Protected records. The following records are protected if properly classified by a governmental entity: (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309; (2) commercial information or nonindividual financial information 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 governmental entity 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 governmental entity with the information specified in Section 63G-2-309; (3) commercial or financial information acquired or prepared by a governmental entity to the extent that disclosure would lead to financial speculations in currencies, securities, or commodities that will interfere with a planned transaction by the governmental entity or cause substantial financial injury to the governmental entity or state economy; (4) records, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, a commercial project entity as defined in Subsection 11-13- 103(4); (5) test questions and answers to be used in future license, certification, registration, employment, or academic examinations; (6) records, the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except, subject to Subsections (1) and (2), that this Subsection (6) does not restrict the right of a person to have access to, after the contract or grant has been awarded and signed by all parties: (a) a bid, proposal, application, or other information submitted to or by a governmental entity in response to: (i) an invitation for bids; (ii) a request for proposals; (iii) a request for quotes; (iv) a grant; or (v) other similar document; or (b) an unsolicited proposal, as defined in Section 63G-6a-712; (7) information submitted to or by a governmental entity in response to a request for information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict the right of a person to have access to the information, after: (a) a contract directly relating to the subject of the request for information has been awarded and signed by all parties; or (b) (i) a final determination is made not to enter into a contract that relates to the subject of the request for information; and (ii) at least two years have passed after the day on which the request for information is issued; (8) 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 is greater than or equal to the governmental entity'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 described property have already learned of the governmental entity'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 governmental entity's estimated value of the property; or (e) the property under consideration for public acquisition is a single family residence and the governmental entity seeking to acquire the property has initiated negotiations to acquire the property as required under Section 78B-6-505; (9) 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 is greater than or equal to the interests in restricting access, including the governmental entity's interest in maximizing the financial benefit of the transaction; or (b) when prepared by or on behalf of a governmental entity, 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 entity; (10) 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; (11) records the disclosure of which would jeopardize the life or safety of an individual; (12) records the disclosure of which would jeopardize the security of governmental property, governmental programs, or governmental recordkeeping systems from damage, theft, or other appropriation or use contrary to law or public policy; (13) 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; (14) records that, if disclosed, would reveal recommendations made to the Board of Pardons and Parole by an employee of or contractor for the Department of Corrections, the Board of Pardons and Parole, 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; (15) records and audit workpapers that identify audit, collection, and operational procedures and methods used by the State Tax Commission, if disclosure would interfere with audits or collections; (16) records of a governmental audit agency relating to an ongoing or planned audit until the final audit is released; (17) records that are subject to the attorney client privilege; (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer, employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial, quasi-judicial, or administrative proceeding; (19) (a) (i) personal files of a state legislator, including personal correspondence to or from a member of the Legislature; and (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of legislative action or policy may not be classified as protected under this section; and (b) (i) an internal communication that is part of the deliberative process in connection with the preparation of legislation between: (A) members of a legislative body; (B) a member of a legislative body and a member of the legislative body's staff; or (C) members of a legislative body's staff; and (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of legislative action or policy may not be classified as protected under this section; (20) (a) records in the custody or control of the Office of Legislative Research and General Counsel, that, if disclosed, would reveal a particular legislator's contemplated legislation or contemplated course of action before the legislator has elected to support the legislation or course of action, or made the legislation or course of action public; and (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the Office of Legislative Research and General Counsel is a public document unless a legislator asks that the records requesting the legislation be maintained as protected records until such time as the legislator elects to make the legislation or course of action public; (21) research requests from legislators to the Office of Legislative Research and General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared in response to these requests; (22) drafts, unless otherwise classified as public; (23) records concerning a governmental entity's strategy about: (a) collective bargaining; or (b) imminent or pending litigation; (24) records of investigations of loss occurrences and analyses of loss occurrences that may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the Uninsured Employers' Fund, or similar divisions in other governmental entities; (25) 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; (26) 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; (27) records of independent state agencies if the disclosure of the records would conflict with the fiduciary obligations of the agency; (28) records of an institution within the state system of higher education defined in Section 53B-1- 102 regarding tenure evaluations, appointments, applications for admissions, retention decisions, and promotions, which could be properly discussed in a meeting closed in accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of the final decisions about tenure, appointments, retention, promotions, or those students admitted, may not be classified as protected under this section; (29) records of the governor's office, including budget recommendations, legislative proposals, and policy statements, that if disclosed would reveal the governor's contemplated policies or contemplated courses of action before the governor has implemented or rejected those policies or courses of action or made them public; (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis, revenue estimates, and fiscal notes of proposed legislation before issuance of the final recommendations in these areas; (31) records provided by the United States or by a government entity outside the state that are given to the governmental entity 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; (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a public body except as provided in Section 52-4-206; (33) 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; (34) memoranda prepared by staff and used in the decision-making process by an administrative law judge, a member of the Board of Pardons and Parole, or a member of any other body charged by law with performing a quasi-judicial function; (35) records that would reveal negotiations regarding assistance or incentives offered by or requested from a governmental entity 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 governmental entity at a competitive disadvantage, but this section may not be used to restrict access to a record evidencing a final contract; (36) materials to which access must be limited for purposes of securing or maintaining the governmental entity's proprietary protection of intellectual property rights including patents, copyrights, and trade secrets; (37) the name of a donor or a prospective donor to a governmental entity, including an institution within the state system of higher education defined in Section 53B-1-102, and other information concerning the donation that could reasonably be expected to reveal the identity of the donor, provided that: (a) the donor requests anonymity in writing; (b) any terms, conditions, restrictions, or privileges relating to the donation may not be classified protected by the governmental entity under this Subsection (37); and (c) except for an institution within the state system of higher education defined in Section 53B-1- 102, the governmental unit to which the donation is made is primarily engaged in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority over the donor, a member of the donor's immediate family, or any entity owned or controlled by the donor or the donor's immediate family; (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13; (39) a notification of workers' compensation insurance coverage described in Section 34A-2-205; (40) (a) the following records of an institution within the state system of higher education defined in Section 53B-1-102, which have been developed, discovered, disclosed to, or received by or on behalf of faculty, staff, employees, or students of the institution: (i) unpublished lecture notes; (ii) unpublished notes, data, and information: (A) relating to research; and (B) of: (I) the institution within the state system of higher education defined in Section 53B- 1-102; or (II) a sponsor of sponsored research; (iii) unpublished manuscripts; (iv) creative works in process; (v) scholarly correspondence; and (vi) confidential information contained in research proposals; (b) Subsection (40)(a) may not be construed to prohibit disclosure of public information required pursuant to Subsection 53B-16-302(2)(a) or (b); and (c) Subsection (40)(a) may not be construed to affect the ownership of a record; (41) (a) records in the custody or control of the Office of Legislative Auditor General that would reveal the name of a particular legislator who requests a legislative audit prior to the date that audit is completed and made public; and (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the Office of the Legislative Auditor General is a public document unless the legislator asks that the records in the custody or control of the Office of Legislative Auditor General that would reveal the name of a particular legislator who requests a legislative audit be maintained as protected records until the audit is completed and made public; (42) records that provide detail as to the location of an explosive, including a map or other document that indicates the location of: (a) a production facility; or (b) a magazine; (43) information: (a) contained in the statewide database of the Division of Aging and Adult Services created by Section 62A-3-311.1; or (b) received or maintained in relation to the Identity Theft Reporting Information System (IRIS) established under Section 67-5-22; (44) information contained in the Management Information System and Licensing Information System described in Title 62A, Chapter 4a, Child and Family Services; (45) information regarding National Guard operations or activities in support of the National Guard's federal mission; (46) records provided by any pawn or secondhand business to a law enforcement agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act; (47) information regarding food security, risk, and vulnerability assessments performed by the Department of Agriculture and Food; (48) except to the extent that the record is exempt from this chapter pursuant to Section 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or prepared or maintained by the Division of Emergency Management, and the disclosure of which would jeopardize: (a) the safety of the general public; or (b) the security of: (i) governmental property; (ii) governmental programs; or (iii) the property of a private person who provides the Division of Emergency Management information; (49) records of the Department of Agriculture and Food that provides for the identification, tracing, or control of livestock diseases, including any program established under Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control of Animal Disease; (50) as provided in Section 26-39-501: (a) information or records held by the Department of Health related to a complaint regarding a child care program or residential child care which the department is unable to substantiate; and (b) information or records related to a complaint received by the Department of Health from an anonymous complainant regarding a child care program or residential child care; (51) unless otherwise classified as public under Section 63G-2-301 and except as provided under Section 41-1a-116, an individual's home address, home telephone number, or personal mobile phone number, if: (a) the individual is required to provide the information in order to comply with a law, ordinance, rule, or order of a government entity; and (b) the subject of the record has a reasonable expectation that this information will be kept confidential due to: (i) the nature of the law, ordinance, rule, or order; and (ii) the individual complying with the law, ordinance, rule, or order; (52) the name, home address, work addresses, and telephone numbers of an individual that is engaged in, or that provides goods or services for, medical or scientific research that is: (a) conducted within the state system of higher education, as defined in Section 53B-1-102; and (b) conducted using animals; (53) in accordance with Section 78A-12-203, any record of the Judicial Performance Evaluation Commission concerning an individual commissioner's vote on whether or not to recommend that the voters retain a judge including information disclosed under Subsection 78A-12-203(5)(e); (54) information collected and a report prepared by the Judicial Performance Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public, the information or report; (55) records contained in the Management Information System created in Section 62A-4a-1003; (56) records provided or received by the Public Lands Policy Coordinating Office in furtherance of any contract or other agreement made in accordance with Section 63J-4-603; (57) information requested by and provided to the 911 Division under Section 63H-7a-302; (58) in accordance with Section 73-10-33: (a) a management plan for a water conveyance facility in the possession of the Division of Water Resources or the Board of Water Resources; or (b) an outline of an emergency response plan in possession of the state or a county or municipality; (59) the following records in the custody or control of the Office of Inspector General of Medicaid Services, created in Section 63A-13-201: (a) records that would disclose information relating to allegations of personal misconduct, gross mismanagement, or illegal activity of a person if the information or allegation cannot be corroborated by the Office of Inspector General of Medicaid Services through other documents or evidence, and the records relating to the allegation are not relied upon by the Office of Inspector General of Medicaid Services in preparing a final investigation report or final audit report; (b) records and audit workpapers to the extent they would disclose the identity of a person who, during the course of an investigation or audit, communicated the existence of any Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or regulation adopted under the laws of this state, a political subdivision of the state, or any recognized entity of the United States, if the information was disclosed on the condition that the identity of the person be protected; (c) before the time that an investigation or audit is completed and the final investigation or final audit report is released, records or drafts circulated to a person who is not an employee or head of a governmental entity for the person's response or information; (d) records that would disclose an outline or part of any investigation, audit survey plan, or audit program; or (e) requests for an investigation or audit, if disclosure would risk circumvention of an investigation or audit; (60) records that reveal methods used by the Office of Inspector General of Medicaid Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or abuse; (61) information provided to the Department of Health or the Division of Occupational and Professional Licensing under Subsection 58-68-304(3) or (4); (62) a record described in Section 63G-12-210; (63) captured plate data that is obtained through an automatic license plate reader system used by a governmental entity as authorized in Section 41-6a-2003; (64) any record in the custody of the Utah Office for Victims of Crime relating to a victim, including: (a) a victim's application or request for benefits; (b) a victim's receipt or denial of benefits; and (c) any administrative notes or records made or created for the purpose of, or used to, evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim Reparations Fund; (65) an audio or video recording created by a body-worn camera, as that term is defined in Section 77- 7a-103, that records sound or images inside a hospital or health care facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider, as that term is defined in Section 78B-3-403, or inside a human service program as that term is defined in Section 62A-2-101, except for recordings that: (a) depict the commission of an alleged crime; (b) record any encounter between a law enforcement officer and a person that results in death or bodily injury, or includes an instance when an officer fires a weapon; (c) record any encounter that is the subject of a complaint or a legal proceeding against a law enforcement officer or law enforcement agency; (d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(d); or (e) have been requested for reclassification as a public record by a subject or authorized agent of a subject featured in the recording; (66) a record pertaining to the search process for a president of an institution of higher education described in Section 53B-2-102, except for application materials for a publicly announced finalist; and (67) an audio recording that is: (a) produced by an audio recording device that is used in conjunction with a device or piece of equipment designed or intended for resuscitating an individual or for treating an individual with a life-threatening condition; (b) produced during an emergency event when an individual employed to provide law enforcement, fire protection, paramedic, emergency medical, or other first responder service: (i) is responding to an individual needing resuscitation or with a life-threatening condition; and (ii) uses a device or piece of equipment designed or intended for resuscitating an individual or for treating an individual with a life-threatening condition; and (c) intended and used for purposes of training emergency responders how to improve their response to an emergency situation; (68) records submitted by or prepared in relation to an applicant seeking a recommendation by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an employment position with the Legislature; (69) work papers as defined in Section 31A-2-204; and (70) a record made available to Adult Protective Services or a law enforcement agency under Section 61- 1-206.