State Records Committee Appeal 2008-07

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

THOMAS D. BOYLE , Petitioner, vs.

WASATCH COUNTY, Respondent.

DECISION AND ORDER

Case No. 08-07

By this appeal, petitioner Thomas D. Boyle seeks, pursuant to the Utah Governmental Records Act and Management Act (GRAMA), that the State Records Committee overturn respondent Wasatch County's denial of requested unedited surveillance videotapes from video cameras located in the County Clerk's office and for the dates of November 8, 9, 10, 11, and 12, 2007. The State Records Committee, having reviewed the materials submitted by the parties, and having heard argument on April 9, 2008, now issues the following Decision and Order.

STATEMENT OF REASON FOR DECISION

The Government Records Access and Management Act states, "The records of a governmental entity or political subdivision regarding security measures designed for the protection of persons or property, public or private, are not subject to this chapter." Utah Code Ann. 63-2-106. GRAMA further states, "These records include: (1) security plans; (2) security codes and combinations, and passwords; (3) passes and keys; (4) security procedures; and (5) building and public works designs, to the extent that the records or information relate to the ongoing security measures of a public entity." Id.

2. Wasatch County has proffered, among other things, that the tapes disclose information about camera placement, angles, range of view, and timing of operation. The county therefore maintains that the tapes directly relate to county security measures.

3. The State Records Committee determines that the video surveillance tapes requested by petitioner are "regarding security measures" and are therefore not subject to GRAMA under Section 63-2-106. Because GRAMA does not apply, the Committee concludes that this appeal must be dismissed.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of petitioner Thomas D. Boyle is dismissed.

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 16th day of April, 2008.

BY THE STATE RECORDS COMMITTEE

CARL ALBRECHT,
Chairperson
State Records Committee