State Records Committee Appeal Decision 2019-42

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

YASSINE IBRAHIM, Petitioner, v.

UNIFIED POLICE DEPARTMENT OF GREATER SALT LAKE, Respondent.

DECISION AND ORDER

Case No. 19-42

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

FACTS

On or about July 19, 2019, Mr. Ibrahim made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Ibrahim requested from the Salt Lake County Jail medical records, jail records, and booking records concerning an individual. After no response was received from the Salt Lake County Jail, Michael Clara on behalf of Mr. Ibrahim, filed an appeal with Captain Jon Fassett stating that Mr. Clara “went with my neighbor Yassine Ibrahim to the jail records office of the Unified Police Department and hand delivered a GRAMA request for records…” Mr. Clara stated that “we are submitting” this GRAMA Notice of Appeal to the Chief Administrative Officer. No response was received from Captain Fassett.

On August 27, 2019, a Notice of Appeal was filed with the State Records Committee (“Committee”). On November 13, 2019, the Committee received an e-mail from Lieutenant Kathy Berrett with the Salt Lake County Sheriff’s Office stating that it “has not been involved in the appeals process.” On November 14, 2019, the Committee held a hearing which was attended by Mr. Clara and Harry Souvall, legal counsel for Respondent. After a discussion with Mr. Clara and Mr. Souvall, it was determined that it was in the best interests of the parties to continue the hearing until December 12, 2019 in order to allow the Salt Lake County Sheriff’s Office to also participate in the hearing.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Yassine Ibrahim, 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 25th day of November 2019.

BY THE STATE RECORDS COMMITTEE

__________________________________________
TOM HARALDSEN, Chair
State Records Committee