State Records Committee Appeal Decision 2020-64

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRADY EAMES, Petitioner, v.

UTAH LOCAL GOVERNMENT TRUST. Respondent.

DECISION AND ORDER

Case No. 20-64

By this appeal, Petitioners, Brady Eames, seeks access to records allegedly held by Respondent, the Utah League of Cities and Towns.

FACTS

In May 2020, Mr. Eames made three records requests pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Eames requested plans, policies, reports, statements, and resolutions of the Utah Legal Government Trust Board regarding the use of tax money of Logan City’s and Cache County’s citizens. Respondent denied this appeal noting that they do not maintain records of investment based on its more than 500 member’s individual premium payments, nor does the Trust have any way of tracking whether it receives any “tax money” of its Members and therefore this request should be denied.

Mr. Eames also requested, “any and all documents of any and all tax money that has been separately contributed to and deposited in each of the following insurance trust funds (ITF):” and thereafter named all applicable funds. Respondent denied this request for a few reasons. “First, the Utah Local Governments Trust is not a taxing entity... Second, the Trust does not have “separate” accounts for the separate lines of insurance it provides, although it does account for the lines of insurance separately...”

Lastly, Mr. Eames requested “[a]ny and all documentation of ULGTC's transfer to the Treasurer/PTIF of certain tax money of Logan City's citizens that:...” related to trust and tax records. Respondent noted that none of these requested documents exists and that Respondent does not maintain records of investment or disbursement based on its more than 500 members’ individual premium payments, nor does the Trust have any way of tracking whether it receives any “tax money” from members of and therefore this request should be denied.

Thereafter, Mr. Eames filed his 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. However, Mr. Eames chose not to participate in the hearing. After carefully considering the requested relief of the parties, the Committee issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. A person has a right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours, subject to Utah Code §§ 63G-2-203 & -204. Utah Code § 63G-2-201(1)(a). However, in response to a request, a governmental entity is not required to create a record. Utah Code § 63G-2-201(8)(a).

2. After considering the written arguments of both parties and the oral arguments presented by Respondent’s legal counsel, the Committee finds that Respondent has provided all records responsive to Mr. Eames’ records requests. The Committee also finds that Respondent is not required to create records in response to Mr. Eames’ records requests.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Brady Eames is hereby DENIED.

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