State Records Committee Appeal Decision 2018-63

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRADY EAMES, Petitioner, v.

SALT LAKE CITY CORPORATION Respondent.

DECISION AND ORDER

Case No. 18-63

By this appeal, Petitioner, Brady Eames, seeks access to records allegedly held by Respondent, Salt Lake City.

FACTS

On or about September 25, 2018, Mr. Eames made a records request to Salt Lake City ("Respondent"), pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Eames requested copies of all executed and filed public official penal bonds and all subscribed and filed constitutional oaths of office of certain elected and appointed City officers.

Between September 25, 2018 and October 18, 2018, the parties corresponded regarding the request, and Mr. Eames narrowed his request to records relating only to the current Salt Lake City officials. Thereafter, Respondent granted in part and denied in part Mr. Eames’ request, informing him that some of the records were old and would require Respondent to search microfilmed records. On October 17, 2018, Mr. Eames was provided three individual penal bonds that the Respondent possesses and noted that Mr. Eames had previously been given the “crime blanket bond” that covers all other relevant employees. Mr. Eames was also provided the oaths of office for the current mayor, all city council members, the chief of staff, deputy chief of staff, and finance director.

Unsatisfied with the response, Mr. Eames filed an appeal with the State Records Committee (“Committee”). After hearing oral argument and testimony from all the parties on December 13, 2018, and carefully considering the requested relief of the parties, the Committee issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. The Government Records Access and Management Act (“GRAMA”) specifies that “all records are public unless otherwise expressly provided by statute.” Utah Code § 63G-2-201(2). Records that are not public are designated as either “private,” “protected,” or “controlled.” See, Utah Code §§ 63G-2-302, -303, -304 and -305. Additionally, records to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation, are also considered non-public records. Utah Code § 63G-2-201(3)(b).

2. After having reviewed all written arguments and hearing testimony presented by the parties, the Committee is persuaded that Respondent has provided Mr. Eames with all records that are responsive to his records request.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Brady Eames is DENIED.

RIGHT TO APPEAL

A party to a proceeding before the Committee may seek judicial review in District Court of a Committee's Order by filing a petition for review of the Committee Order as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review of a Committee Order "shall be filed no later than 30 days" after the date of the Committee Order. Utah Code § 63G-2-404(1)(a). The petition for judicial review must be a complaint which is governed by the Utah Rules of Civil Procedure and include the Committee as a necessary party and contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(1) & (2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Committee, determine all questions of fact and law without a jury, and decide the issue at the earliest practical opportunity. Utah Code § 63G-2-404(6). In order to protect a parties’ rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Committee orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Committee and shall: (1) Produce the record; and (2) File a notice of compliance with the Committee. If the governmental entity ordered to produce a record 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. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Committee shall consider the gravity and circumstances of the violation, including whether the failure to comply was due to neglect or was willful or intentional. Utah Code § 63G-2-403(15)(d)(ii).

Entered this 22nd day of December 2018

BY THE STATE RECORDS COMMITTEE

_____________________________________
DAVID FLEMING, Chairperson
State Records Committee