Classifying Drafts

Consideration 2: Is the draft a protected record?

If a draft is a record, it may be classified as protected. GRAMA states:

The following records are protected if properly classified...: (22) drafts, unless otherwise classified as public. 63G-2-305(22)

Based on this classification statement, protected is the appropriate default classification for drafts. As a protected record a draft could be provided to the person who submitted the record, an individual who has power of attorney or notarized release from all parties whose interests are sought to be protected, or someone with a court order or legislative subpoena. (UC 63G-2-202(4))

Drafts normally are protected in order to prevent confusion and protect the decision-making processes. As updates are being made, corrections to content and editorial changes can be considered within the governmental entity while work is in progress without concern that a superseded record that was made accessible to the public will become confused with a final record. Much like an investigation or audit, the record creation process should be protected until that process is complete. The following table shows instances in which the State Records Committee made determinations that drafts are appropriately classified as protected.

State Records Committee hearings: Drafts that are protected


Description of draft claimed to be protected because of status as a draft.

Committee’s decision


Draft of settlement decree and draft of press release

Properly classified as protected


Draft planning-commission minutes

Properly classified as protected; were not relied on to carry out any action or policy


Draft dismissal letter

Properly classified as protected


Drafts, notes and similar materials associated with evaluating a policy or plan

Properly classified as protected because it is a draft


Drafts of pleadings

Properly classified as protected


Draft documents maintained in the tax appraiser’s file; used by appraiser in analysis of subject property

Drafts should be classified as public records because records regarding tax status of real property are public


Email (some among many)

Properly classified as protected because it is a draft


Copies of communications regarding a particular topic

Of numerous documents some were properly classified as protected because they were drafts


External auditor’s draft report

Because draft was not circulated or finalized or relied on to carry out any action or policy its classification is protected


Draft of investigation report

Properly classified as protected

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Page Last Updated June 2, 2016 .