State Records Committee Appeal 2008-06

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BETH CAMPBELL, Petitioner, vs.

SALT LAKE CITY CORP., Respondent.

DECISION AND ORDER

Case No. 08-06

By this appeal, petitioner Beth Campbell seeks that the State Records Committee direct respondent, Salt Lake City, to provide a complete and accurate response to her request for records pursuant to the Government Records and Access and Management Act. Ms. Campbell further seeks to obtain records that the city claims that it does not have. She also seeks that the State Records Committee impose civil penalties pursuant to Section UCA 63-2-403(14)(d) of the act until a complete and accurate response is received or until all requested records are provided.

The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony on April 9, 2008, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

The Government Records Access and Management Act provides that a governmental entity shall respond to a records request by "approving the request and providing the record;" "denying the request;" "notifying the requester that it does not maintain the record and providing, if known, the name and address of the governmental entity that does maintain the record;" or "notifying the requester that because of one of the extraordinary circumstances . . . it cannot immediately approve or deny the request." Utah Code Ann. 63-2-204(3)(a). In such extraordinary circumstances, the notice shall "describe the circumstances relied upon;" and "specify the date when the records will be available. Id. 63-2-204(3)(b).

The State Records Committee finds that Salt Lake City responded to each request by item on the spreadsheet Ms. Campbell submitted to the city. The Committee therefore denies the appeal.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of petitioner Beth Campbell is denied.

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.1

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 16th day of April, 2008.

BY THE STATE RECORDS COMMITTEE

CARL ALBRECHT,
Chairperson