State Records Committee Appeal Decision 2020-65

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

JESSICA MILLER on behalf of the SALT LAKE TRIBUNE, Petitioner, v.

WEST VALLEY CITY POLICE DEPARTMENT. Respondent.

DECISION AND ORDER

Case No. 20-65

By this appeal, Petitioner, Jessica Miller on behalf of the Salt Lake Tribune, seeks access to records allegedly held by Respondent, the West Valley City Police Department.

FACTS

On or about July 27, 2020, Petitioner made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”). Petitioner requested, “[a]ll body camera footage from Aug 23, 2019 police shootings of” a specific individual. On September 6, 2019, Respondent released four separate officers body camera videos, each less than five minutes long, showing the actual incident. The Salt Lake District Attorney’s Office was notified of the request upon initial receipt and stated that they believed the release of the videos may impede their investigation. Respondent currently has in its possession and under its control a total of six videos with over 9 hours and 19 minutes of footage that have been classified as private.

Petitioner appealed the denial of those records. There was no response from Respondent regarding the appeal therefore, Petitioner 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 hearing the arguments of the parties, the Committee unanimously voted to continue the hearing to the next scheduled hearing date in order to review the six videos in camera.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Jessica Miller on behalf of the Salt Lake Tribune is hereby CONTINUED.

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