State Records Committee Appeal Decision 2019-34

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

JESSICA MILLER on behalf of the SALT LAKE TRIBUNE, Petitioner, v.

BRIGHAM YOUNG UNIVERSITY POLICE DEPARTMENT, Respondent.

DECISION AND ORDER

Case No. 19-34

By this appeal, Petitioner, Jessica Miller, a reporter for the Salt Lake Tribune, seeks access to records allegedly held by Respondent, Brigham Young University Police Department (“BYU PD”).

FACTS

On or about May 14, 2019, Ms. Miller made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”). Ms. Miller requested records related to emails between BYU PD and a list of eight specific persons. Her initial request was denied and on or about June 7, 2019, Ms. Miller filed an appeal. On June 14, 2019, Chief Chris Autry of the BYU PD upheld the denial of Ms. Miller’s records request pursuant to Utah Code § 63G-2-201(3) and (6).

On or about June 25, 2019, Petitioner filed an appeal with the State Records Committee (“Committee”). The parties appeared before the Committee for a hearing on September 12, 2019. At the hearing, the Committee determined that the matter would need to be continued to allow an in camera review of the records with a log of classification by BYU PD for each of the denied records requested. See, Utah Admin. Code R. 35-1-2(5).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Jessica Miller on behalf of the Salt Lake Tribune, is CONTINUED until the next scheduled Committee hearing. BYU PD is ORDERED to provide records responsive to Petitioner’s records request to the Committee in order to allow the Committee sufficient time to review the records in camera prior to the next hearing to determine whether the records are subject to GRAMA and if so, whether the records have been properly classified by BYU PD pursuant to GRAMA.

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.

Entered this 23rd day of September 2019.

BY THE STATE RECORDS COMMITTEE

__________________________________________
TOM HARALDSEN, Chair
State Records Committee