State Records Committee Appeal 2006-09

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRUCE FUNK, Petitioner, vs.

EMERY COUNTY, Respondent.

DECISION AND ORDER

Case No. 06-09

By this appeal, Bruce Funk seeks access to records of executive sessions held by the Emery County Commission. The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony on September 14, 2006, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. The Government Records Access and Management Act (GRAMA) specifies that all records are public unless otherwise expressly provided by statute. Utah Code Ann. 63-2-201(2). Records that are not public are designated as either private, protected, or controlled. See Utah Code Ann. 63-2-302, -303 and -304. Emery County denied Mr. Funk the records he seeks on the grounds that said records are protected.

2. The Committee is persuaded that the records of closed sessions are properly classified as protected, under Utah Code Ann. 63-2-304(32) and should not be released.

3. The Emery County Commission has therefore properly classified the records in question as protected under Utah Code Ann. 63-2-304(32).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Bruce Funk is denied. Emery County's determination regarding the classification of these records is affirmed.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the District Court. The petition for review must be filed no later than thirty (30) days after the date of this order. The petition for judicial review must be a complaint.

The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and Utah Code Ann. 63-2-404. The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 21st day of September, 2006.

BY THE STATE RECORDS COMMITTEE

Patricia Smith Mansfield, Chairperson
State Records Committee