State Records Committee Appeal Decision 2017-01

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ALEX STUCKEY on behalf of SALT LAKE TRIBUNE, Petitioner, v.

UTAH STATE UNIVERSITY. Respondent.

DECISION AND ORDER

Case No. 17-01

By this appeal, Petitioner, Alex Stuckey, reporter for the Salt Lake Tribune, seeks access to records allegedly held by Respondent, the Utah State University (“USU”).

FACTS

On or about September 9, 2016, Ms. Stuckey filed a request for records from USU pursuant to the Government Records Access and Management Act (“GRAMA”). Ms. Stuckey requested any written findings or reports from an inquiry made by USU President Stan Albrecht regarding recent allegations of sexual assaults in the campus community. Ms. Stuckey specifically requested any recommendations from the inquiry and any identified areas for improvement. Ms. Stuckey’s records request was initially denied by Eric Warren, Director of USU Media Relations on September 16, 2016. Ms. Stuckey filed an appeal with Dave Cowley, USU’s Chief Administrative Officer, who denied her appeal on October 20, 2016.

Ms. Stuckey filed an appeal with the Committee, and on January 12, 2017, a hearing was before the State Records Committee (“Committee”), where the parties were allowed to present their legal arguments. A motion was made by a Committee member to review the disputed records in camera. After a determination that the volume of records would make it difficult for the Committee to review the records during the hearing, the Committee voted unanimously to continue the hearing to a later date. 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 properly 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 24th day of January 2017.

BY THE STATE RECORDS COMMITTEE

_____________________________________
DAVID FLEMING, Chairperson
State Records Committee