State Records Committee Decision 2016-12

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

UTAH RIVERS COUNCIL, Petitioner, v.

WASHINGTON COUNTY WATER CONSERVANCY DISTRICT. Respondent.

DECISION AND ORDER

Case No. 16-12

By this appeal, Petitioner, the Utah Rivers Council, seeks access to records allegedly held by Respondent, Washington County Water Conservancy District.

FACTS

On or about December 18, 2015, Zachary Frankel, Executive Director of Utah Rivers Council, made a records request to the Washington County Water Conservancy District (“Respondent”), pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Frankel requested records regarding the repayment plan presented by Applied Analysis on November 21, 2013, for the Lake Powell Pipeline Project. Respondent denied Mr. Frankel’s request, indicating that it did not maintain the records. Mr. Frankel appealed the decision to Ron Thompson, General Manager for Respondent. After reviewing Mr. Frankel’s records request, Mr. Thompson, upheld the denial of the request.

Mr. Frankel filed an appeal with the State Records Committee (“Committee”), claiming that the Respondent does have a repayment plan. On April 14, 2016, the Committee held a hearing and heard oral arguments from the parties. During the hearing, it was determined that Applied Analysis, an entity with which the Respondent has contractual relationship, has a record that is responsive to the Petition’s records request. During the hearing, the Committee determined it would need to review the contractual agreement between Respondent and Applied Analysis, in order to determine whether the Respondent maintains the requested record. The Committee voted unanimously to continue the hearing to a later date in order to allow Respondent to provide to the Executive Secretary a copy of the contract for the Committee to review. Neither party objected to the continuance. Accordingly, IT IS ORDERED THAT:

ORDER

The hearing is CONTINUED to a later date to allow the Committee to review the disputed records. Pursuant to Utah Code § 63G-2-403(9) and Utah Admin. Code R. 35-1-2(6), Respondent is ordered to provide the records to the Executive Secretary for the Committee, who will secure the records at the State Archives Building to allow an in camera review of the records by the Committee members.

Entered this 25th day of April 2016.

BY THE STATE RECORDS COMMITTEE

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PATRICIA SMITH-MANSFIELD, Chairperson
State Records Committee