State Records Committee Appeal Decision 2010-09

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

THE SALT LAKE TRIBUNE and DESERET NEWS, Petitioners, vs.

UTAH DEPARTMENT OF PUBLIC SAFETY, Respondent.

DECISION AND ORDER

Case No. 10-9

By this appeal, Petitioners, the Salt Lake Tribune and the Deseret News (“Petitioners”), seek access to the arrest records and dashboard camera video relating to the arrest of Sheldon Killpack on January 15, 2010. A public hearing was held on April 8, 2010 to discuss the subject matter. At a second public hearing held on April 12, 2010, the Committee found that since the exact same records request was already recently reviewed by the State Records Committee in Vanocur v. Dept. of Public Safety, Case No. 10-5, further discussion is not warranted and Petitioners’ request should be granted.

ORDER

THEREFORE, IT IS ORDERED THAT: the appeal of Petitioners, the Salt Lake Tribune and the Deseret News, is upheld, and Respondent, Department of Public Safety is hereby ordered to release the initial arrest records and dashboard camera video regarding the arrest of Mr. Killpack pursuant to Utah Code Ann. § 63G-2-301(3)(g).

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. § 63G-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. § 63G-2-403(14)(d), the governmental entity herein shall comply with the order of the Committee and, if records are ordered to be produced, file: (1) a notice of compliance with the Committee upon production of the records; or (2) a notice of intent to appeal. If the governmental 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: (1) impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) 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.

Dated this 20th day of April 2010.

____________________________
SCOTT WHITTAKER, Chairman
State Records Committee