State Records Committee Appeal Decision 2020-63

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

TAYLOR HARTMAN on behalf of the UTAH INVESTIGATIVE JOURNALISM PROJECT, Petitioner, v.

BEAVER VALLEY HOSPITAL. Respondent.

DECISION AND ORDER

Case No. 20-63

By this appeal, Petitioner, Taylor Hartman on behalf of the Utah Investigation Journalism Project, seeks access to records allegedly held by Respondent, Beaver Valley Hospital.

FACTS

On or about May 28, 2020, Petitioner made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”). Petitioner requested records relating to the financial records of Beaver Valley Hospital including payees who received funding from the hospital, administrative fees and other charges including management charges by the hospital, and salary information for administrators.

On June 4, 2020, Respondent granted, in part, Petitioner’s request and provided responses to each request. Respondent also noted that there would be a fee associated with gathering, preparing, and shipping costs to produce records.

The parties attempted to come to a resolution but were unable, and Petitioner thereafter filed an appeal with the State Records Committee (“Committee”). On December 10, 2020, the Committee held a hearing during which the parties were allowed to participate electronically and present their arguments. After carefully considering the requested relief of the parties, the Committee issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. GRAMA specifies that “all records are public unless otherwise expressly provided by statute.” Utah Code § 63G-2-201(2). Records that are not public are designated as either “private,” “protected,” or “controlled.” See, Utah Code §§ 63G-2-302, -303, -304 and -305.

2. The name, gross compensation, job title, job description, and business address of a current or former employee or officer of a governmental entity is generally public. Utah Code § 63G-2-301(2)(b).

3. In response to a records request, a governmental entity is not required to compile, format, manipulate, package, summarize, or tailor information. Utah Code § 63G-2-201(8)(b). Additionally, a governmental entity is not required to fill a person’s records request if the record requested is publicly accessible online and the governmental entity specifies to the person requesting the record where the record is accessible online. Utah Code § 63G-2-201(8)(e).

4. After having reviewed the written and oral arguments of the parties, the Committee finds that the salary information for the administrators should be given to Petitioner pursuant to Utah Code § 63G-2-301(2)(b). However, Respondent is not required to compile, format, manipulate, package, summarize, or tailor information for Petitioner pursuant to Utah Code § 63G-2-201(8)(b). Further, some of the information requested by Petitioner is accessible online, and Respondent should direct Petitioner to where the record is accessible online as required by Utah Code § 63G-2-201(8)(e)(ii)(A).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Taylor Hartman on behalf of the Utah Investigative Journalism Project is hereby GRANTED in part and DENIED in part.

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 21 day of December 2020

BY THE STATE RECORDS COMMITTEE

KENNETH WILLIAMS
Chair pro tem, State Records Committee