State Records Committee Appeal Decision 2020-08

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. 20-08

By this appeal, Petitioner, Paul Amann, seeks to have access to a computer hard drive in the possession of Respondent, the Unified Police Department of Greater Salt Lake.

FACTS

On November 14, 2019, the parties appeared for a hearing before the State Records Committee (“Committee”). See, Amann v. Unified Police Dept. of Greater Salt Lake, State Records Committee Case No. 19-41 (Nov. 25, 2019). At the hearing, the parties asked that all briefs filed with the Committee should be withdrawn including the “Notice of Non-Compliance” filed by Mr. Amann, and requested a continuance of the matter to allow more time for the parties to potentially settle the matter. Id.
After being unable to reach a settlement, the parties again appeared before the Committee on January 9, 2020. During the hearing it was determined that the requested disputed records are contained on a computer hard drive which is currently in the possession of Respondent. However, Respondent did not have a copy of the computer hard drive at the time of the hearing for the Committee to review the disputed records. Therefore, in order for the Committee to properly review the disputed records, the Committee requested that Respondent provide a copy of the computer hard drive to the Committee. Further, after considering the number of records contained on the computer hard drive as represented by Respondent’s legal counsel, the Committee determined that members of the Committee will need time to review the disputed records once the copy of the computer hard drive has been provided by Respondent. Accordingly, the Committee voted unanimously for a second continuance of the matter.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Paul Amann, is CONTINUED until the next available 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 for executive branch entities, to the Legislative Management Committee for legislative branch entities, and to the Judicial Council for judicial branch agencies’ entities. Utah Code § 63G-2-403(15)(d)(i). 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 21st day of January 2020.

BY THE STATE RECORDS COMMITTEE

__________________________________________
TOM HARALDSEN, Chair
State Records Committee