State Records Committee Appeal Decision 2017-21

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PAUL AMANN, Petitioner, v.

UTAH DEPARTMENT OF HUMAN RESOURCE MANAGEMENT, Respondent.

DECISION AND ORDER

Case No. 17-21

By this appeal, Petitioner, Paul Amann, seeks access to records allegedly held by Respondent, the Utah Department of Human Resource Management (“DHRM”).

FACTS

On or about February 25, 2017, Mr. Amann filed four requests for records from DHRM pursuant to the Government Records Access and Management Act (“GRAMA”). In a letter dated March 21, 2017, Debbie Cragun, Executive Director for DHRM, disclosed some documents to Mr. Amann, but denied Mr. Amann’s request for some documents finding that they were non-public or were not considered “records” as defined by Utah Code § 63G-2-103(22). Mr. Amann filed an appeal of the decision and in, a letter dated April 26, 2017, Ms. Cragun upheld DHRM’s partial denial of his records request.

Mr. Amann filed an appeal with the Committee, and on June 8, 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 19th day of June 2017.

BY THE STATE RECORDS COMMITTEE

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DAVID FLEMING, Chairperson
State Records Committee