State Records Committee Appeal Decision 2019-30

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

DANIEL MCMANN, Petitioner, v.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 19-30

By this appeal, Petitioner, Daniel McMann, seeks access to records allegedly held by Respondent, the Utah Department of Corrections.

FACTS

In January 2019, Mr. McMann made a request for a record pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. McMann requested “a police report and assault charges on [a specific person] … along with [a specific person’s] plea agreement.”

On or about June 6, 2019, Mr. McMann filed a fee waiver appeal with the State Records Committee (“Committee”), of a denial notice from Deputy Director Hudspeth, for the Utah Department of Corrections dated May 16, 2019. UDC requested prepayment and the petitioner requested a fee waiver which the government denied. The parties appeared before the Committee for a hearing on September 12, 2019 in person and by telephone. At the hearing, Utah Department of Corrections agreed that they look at additional information the petitioner could provide, since he was incarcerated out of state. The Committee determined that the matter would need to be continued for further documentation and analysis.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Daniel McMann, is CONTINUED until the next scheduled Committee hearing.

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 23rd day of September 2019.

BY THE STATE RECORDS COMMITTEE

__________________________________________
TOM HARALDSEN, Chair
State Records Committee