State Records Committee Appeal 2008-02 

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

NATE CARLISLE & THE SALT LAKE TRIBUNE Petitioner, vs.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 08-02

By this appeal, Nate Carlisle and the Salt Lake Tribune, seeks the State Records Committee overturn the denial from the Department of Corrections to provide requested copies of the reviews conducted upon any county jails by the Utah Department of Corrections in 2007 and copies of any recommendations or corrective action issued to those jails in 2007.  Nate Carlisle and the Salt Lake Tribune further seeks the State Records committee to compel the Department of Corrections to comply fully with the original GRAMA request.  The State Records Committee, having reviewed the materials submitted by the parties including the Utah Department of Corrections' Motion To Dismiss, and having heard oral argument and testimony on February 14, 2008, 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.  The State Records Committee finds pursuant to Utah Code Ann. 63-2-106, the records sought by petitioners to be disclosed in this case are records including  security measures which are specifically exempted by statute, and are not subject to the provisions of the Utah Government Records Access and Management Act (GRAMA).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Nate Carlisle and the Salt Lake Tribune is dismissed.  The Committee finds pursuant to Utah Code Ann. 63-2-106, the requested records include security measures which are specifically exempted by statute and are not subject to the provisions of the Utah Government Records Access and Management Act (GRAMA).

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.

This notice is required by Utah Code Ann. 63-2-403(12)(d).

PENALTY NOTICE

Pursuant to Utah Code Ann. 63-2-403(14)(d), the government entity herein shall comply with the order of the Committee and, if records are ordered to be produced, file (i) a notice of compliance with the records committee upon production of the records; or (ii) a notice of intent to appeal. If the government entity fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (a) impose a civil penalty of up to $500 for each day of continuing noncompliance; or (b) send written notice of the entity's noncompliance to the Governor for executive branch entities, to the Legislative Management Committee for legislative branch entities, and to the Judicial Council for judicial branch agencies entities.
 
Entered this 21st day of February, 2008.

BY THE STATE RECORDS COMMITTEE

____________________________________
SCOTT WHITTAKER,
Chairperson Pro Tem
State Records Committee