State Records Committee Appeal 2008-05

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

FIRST AMERICAN CORE LOGIC Petitioner, vs.

UINTAH COUNTY, Respondent.

DECISION AND ORDER

Case No. 08-05

By this appeal, First American Core Logic (FACL) seeks that the State Records Committee overturn Uintah County's denial of requested electronic copies of county tax and assessment rolls and all real property characteristics information currently maintained on parcels located within the county and that the Committee compel Uintah County to comply fully with its original GRAMA request.  The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony on March 13, 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).  GRAMA further specifies that "'Record' means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics," which is "prepared, owned, received, or retained by a governmental entity or political subdivision" and "where all of the information in the original is reproducible by photocopy or other mechanical or electronic means."  Id. 63-2-103 (22)(a).

2. The tax and assessment rolls are public records subject to the provisions of GRAMA.  Uintah County shall provide the tax roll and the assessment roll of May 25, 2007, in an electronic format.

3. The parties have agreed to work together on provision of the property characteristics records.   Based upon that agreement, the Committee does not address the propriety of the denial of those records.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of FACL is granted in part.  The tax and assessment rolls are public records under GRAMA and Uintah County shall provide these records as of May 25, 2007, in an electronic format suitable to FACL.

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.

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 20th day of March, 2008.

BY THE STATE RECORDS COMMITTEE

____________________________________
SCOTT WHITTAKER,
Chairperson Pro Tem
State Records Committee