State Records Committee Appeal Decision 2019-17

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

TONY ALEXANDER HAMILTON, Petitioner, v.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 19-17

By this appeal, Petitioner, Tony Alexander Hamilton, seeks access to records allegedly held by Respondent, Utah Department of Corrections.

FACTS

On or about November 8, 2018, Mr. Hamilton made a records request to Utah Department of Corrections (“Respondent”), pursuant to the Government Records Access and Management Act ("GRAMA"). Mr. Hamilton requested, “[t]he contract between the UDC and the contract attorneys, Wayne Freestone and David Angerhofer.”

On the same day, Respondent denied the request indicating that the records were not directly related to Mr. Hamilton. Mr. Hamilton appealed the denial, and on November 30, 2018, Respondent’s Deputy Director upheld the denial.

Thereafter, Mr. Hamilton filed an appeal with the State Records Committee (“Committee”). The Committee having reviewed the arguments submitted by the parties and having heard oral argument and testimony on July 11, 2019, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. GRAMA specifies that “all records are public unless otherwise expressly provided by statute.” Utah Code §63G-2-201(2). However, a governmental entity is not required to respond to, or provide a record in response to, a record request if the request is submitted by or in behalf of an individual who is confined in a jail or other correctional facility following the individual's conviction with the exception of the first five record requests submitted to the governmental entity by or on behalf of an individual who is confined in a jail or other correctional facility during any calendar year requesting only a record that contains a specific reference to the individual. Utah Code §63G-2-201(10).

2. After having reviewed the written arguments of the parties and hearing testimony and arguments at the hearing, the Committee finds that the record did not contain a specific reference to Mr. Hamilton. The Committee finds that the issue of an “unreasonable request” is moot in that the record did not specifically reference Mr. Hamilton and could not be released.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Tony Alexander Hamilton, is DENIED.

RIGHT TO APPEAL

A party to a proceeding before the Committee 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 July 2019.

BY THE STATE RECORDS COMMITTEE

__________________________________________
TOM HARALDSEN, Chair
State Records Committee