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Re: Freedom of Information Act Request
This is a request under the Freedom of Information Act, The Sunshine Act 5 U.S.C. § 552b, and Utah Public Records 63-2-301, I request that a photocopy of the following documents be provided to me:
I am a private citizen seeking information concerning your public official surety bond, or the Errors & Omissions (E&O), and or the Duty of Care policy that you are required by the state of Utah to obtain before swearing the oath of office.
52-1-13. Sureties — Approval — Personal surety bond — Requirements.
In all cases a bond is required of any public officer in this state, either a corporate surety bond or a personal surety bond may be given. Such bonds shall be subject to approval as provided by law. No personal surety bond shall be approved except with two or more sureties and each such surety shall first make and file an affidavit setting forth that he is a resident and freeholder within the state of Utah and is worth the sum specified in the undertaking, over and above all of his just debts and liabilities and exclusive of property exempt from execution and shall include in such affidavit a detailed statement of all of his assets and liabilities; and the making of any material false statement in respect thereto shall constitute a felony; provided further, that when there are more than two sureties thereon, they may express in their affidavits that they are severally worth amounts less than that expressed in the bond if the whole amount of all sureties is equivalent to double the penalty of the bond. No premium on any surety bond with personal sureties shall be paid from any public funds. The several boards, courts or officers authorized by law to approve bonds herein referred to may require sureties on personal surety bonds to justify annually and, in case of failure to so justify, such boards or officers may require additional sureties or a new bond. In case of failure of any public officer to have his sureties justify when so required or to furnish additional sureties when required, as herein provided, the board or officer charged with the duty of approving the bond of such officer shall declare such office vacant within 60 days after notice personally served upon the officer, and at the expiration of said 60 day period such office shall become vacant unless such sureties justify or additional qualified sureties be furnished within said period.
Public Official Surety Bond requests fall under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, The Sunshine Act 5 U.S.C. § 552b, Utah Public Records 63-2-301, by law you are obligated to supply me with this information.
It is public knowledge in the State of Utah that all school boards in the state and the superintendents are required to be bonded, carry a surety liability insurance policy, an Errors & Omissions, or a Duty of Care policy.
Thank you for your consideration of this request.
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