ORDINANCE 2025-19
AN ORDINANCE TO INITIATE THE ESTABLISHMENT OF THE CITY OF MOAB DATA PRIVACY PROGRAM; DESIGNATE CHIEF ADMINISTRATIVE AND AUTHORIZED RECORDS OFFICERS; REQUIRE RECORDS FOR PROOF OF OFFICER AND EMPLOYEE PRIVACY TRAINING; PREPARE WEBSITE DATA PRIVACY NOTICE; ENDORSE THE STATE OF UTAH'S DATA PRIVACY POLICY; AND COMPLETE CITY OF MOAB INTERNAL DATA PRIVACY PROGRAM REPORT
WHEREAS, the Moab City Council ('Council') adopts programs to guide decision-making and policy; and
WHEREAS, the State of Utah requires each governmental entity, including the City of Moab ('Moab'), to initiate a data privacy program ('DPP') that recognizes the state policy that 'an individual has a fundamental interest in and inherent expectation of privacy regarding the individual's personal data that an individual provides to a governmental entity' and each governmental entity shall process personal data consistent with this state policy pursuant to Utah Code § 63A-19-401; and
WHEREAS, the Utah State Legislature enacted HB 444, Data Privacy Amendments, in 2025, which requires Moab to prepare an internal DPP report ('Report') no later than December 31, 2025, pursuant to Utah Code Ann. § 63A-19-401.3; and
WHEREAS, the Council resolves to fully comply with the requirements of Utah Code, Title 63A, Chapter 19, Government Data Privacy Act ('GDPA'); Utah Code, Title 63G, Chapter 2, Government Records Access and Management Act ('GRAMA'); and Utah Government Operations Code, Title 63A; including the completion of the Report; and
WHEREAS, the Council desires to initiate and establish an official Moab DPP to be developed and implemented over time to comply with the requirements of Utah Code, Title 63A, Chapter 19, Part 4, Duties of Governmental Entities, and other applicable laws; and
WHEREAS, the Council desires to appoint a Chief Administrative Officer ('CAO') and an administrative records officer ('ARO') for the City's DPP.
NOW, THEREFORE BE IT ORDAINED by the Moab City Council that:
1. Approval of Forms: The Council approves the following forms:
a. The internal privacy report form template included as Exhibit A of this Ordinance; and
b. The website data privacy statement attached as Exhibit B of this Ordinance.
2. Appointment of CAO: The Council designates Sommar Johnson, City Recorder, as the CAO of Moab DPP and directs the CAO to:
a. Obtain all required training(s); and
b. Oversee the compliance of all Moab staff and applicable agents with the data privacy training pursuant to Utah Code § 63A-19-401.2; and
c. Report the names of the designated CAO and ARO to the Division of Archives and Records Services pursuant to Utah Code Subsections 63A-12-103(8)(c)(ii) and 63G-2-108; and
d. Prepare the Report to the best of the CAO's ability using the template attached as Exhibit A in accordance with applicable law and to file the completed report in Moab records, provided that such report will be a protected record; and
e. Prepare the website data privacy statement in a manner that is substantially similar to the notice template attached as Exhibit B and publish the completed statement to the City of Moab official website and the Utah Public Notice Website.
3. Appointment of ARO: The Council designates Sommar Johnson, City Recorder, as the ARO of Moab DPP to fulfill all duties under applicable law and Moab ordinances and directs the ARO to take all required training(s).
4. Endorsement: The Council endorses the State of Utah's data privacy policy.
5. Enactment of DPP: The Council approves:
a. The initiation and establishment of the [] DPP, with direction to the Mayor and staff to and present to the Council for approval at a later date such other ordinances, rules, or policies needed to implement the DPP and to comply with applicable law; and
b. The designation of the CAO and appointment of the ARO, the intended recordkeeping for proof of completion of ARO training and certification and employee privacy training; and
c. The preparation and publication of the website data privacy notice; and
d. The completion of the Report.
6. Additional Direction to Mayor and Staff: The Mayor and staff are authorized and directed to take such other steps as may be needed:
a. For this Ordinance to become effective under Utah law; and
b. To make any non-substantive edits to correct any scrivener's, formatting, and numbering errors that may be needed, if any, to this Ordinance.
7. Severability: If a court of competent jurisdiction determines that any part of this Ordinance is unconstitutional or invalid, then such portion of this Ordinance, or specific application of this Ordinance, shall be severed from the remainder, which shall continue in full force and effect.
8. Effective Date: This Ordinance will go into effect immediately.
[execution on following page]
ADOPTED AND APPROVED at a duly called meeting of the Moab City Council on this 9th day of December 2025.
CITY OF MOAB
___________________________________
By: Joette Langianese, Mayor
ATTEST:
________________________________
Sommar Johnson, City Recorder
SUMMARY OF
CITY OF MOAB
ORDINANCE NO. 2025-19
On December 8, 2025, the Moab Council enacted Ordinance No. 2025-19 to: (1) establish a data privacy program per H.B. 444; (2) designate chief administrative and authorized records officers; (3) require records for proof of officer and employee privacy training; (4) prepare a website data privacy notice; (5) endorse the State of Utah's data privacy policy; and (6) complete an initial data privacy program report.
CITY OF MOAB
___________________________________
By: Joette Langianese, Mayor
ATTEST:
________________________________
Sommar Johnson, City Recorder
Voting:
Council member Myers voting ___
Council member Topper voting ___
Council member Knuteson-Boyd voting ___
Council member Taylor voting ___
Council member Wojciechowski voting ___
A complete copy of Ordinance No. 2025-19 is available in the office of the Moab City Recorder, 217 East Center Street, Moab, UT 84532.
EXHIBIT A
CITY OF MOAB TEMPLATE DATA PRIVACY PROGRAM REPORT
EXHIBIT B
CITY OF MOAB WEBSITE PRIVACY NOTICE
Notice of Special Accommodations (ADA)
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting.