State Records Committee Appeal Decision 2019-41

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PAUL AMANN, Petitioner, v.

UNIFIED POLICE DEPARTMENT OF GREATER SALT LAKE, Respondent.

DECISION AND ORDER

Case No. 19-41

By this appeal, Petitioner, Paul Amann, seeks access to records allegedly held by Respondent, Unified Police Department of Greater Salt Lake.

FACTS

In 2019, Mr. Amann made a request for a record pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Amann requested records relating to an investigation performed by Detective Dan Child “as referenced in an email dated June 12, 2017 at 8:15 a.m. from AG ICAC agent Alan White.” The investigation purportedly involved “‘an envelope that as mailed to [a specific person] in August 2015.’”

On or about June 19, 2019, the records request was denied and Mr. Amann appealed the denial of the records request. No response by the Respondent was provided. Thereafter, Mr. Amann filed an appeal with the State Records Committee (“Committee”). The parties appeared before the Committee for a hearing on November 14, 2019. At the hearing, the parties asked that all briefs filed with the Committee should be withdrawn including the Notice of Non-Compliance, and requested a continuance of the matter to allow more time to potentially settle the matter. Further, the parties stated that they were working together towards having an agreed upon a protective order regarding the release of the records. The Committee found that the matter should be continued in order to allow the parties to have additional time to come to an agreement.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Paul Amann, is CONTINUED until the December 12, 2019 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 25th day of November 2019.

BY THE STATE RECORDS COMMITTEE

__________________________________________
TOM HARALDSEN, Chair
State Records Committee