State Records Committee Appeal Decision 2020-20

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

CORBIN VOLLUZ Petitioner, v.

BRIGHAM YOUNG UNIVERSITY Respondent.

DECISION AND ORDER

Case No. 20-20

By this appeal, Petitioner, Corbin Volluz, seeks to have access to records alleged to be in the possession of Respondent, Brigham Young University.

FACTS

On May 14, 2020, the parties appeared electronically for a hearing before the State Records Committee (“Committee”). Respondent argued that the requested records should be considered non-public records pursuant attorney-client privilege. See, Utah Code §§ 63G-2-305(17) & -305(18). In order to determine whether the requested records are considered non-public records pursuant to the attorney client privilege, the Committee voted to review the records in camera as allowed by Utah Code § 63G-2-403(9) and Utah Admin. Code R. 35-1-2(5).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Corbin Volluz, is CONTINUED until the June 2020 Committee hearing and Respondent, Brigham Young University, is ordered to provide the records to the Committee for in camera review.

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 15th day of May 2020.

BY THE STATE RECORDS COMMITTEE

__________________________________________
KEN WILLIAMS, Chair Pro-Tem
State Records Committee