State Records Committee Appeal Decision 2021-04

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRADY EAMES, Petitioner, v.

MILLARD COUNTY. Respondent.

DECISION AND ORDER

Case No. 21-04

By this appeal, Petitioner, Brady Eames, seeks access to records allegedly held by Respondent, Millard County.

FACTS

Between January and August 2018, Mr. Eames made several records requests pursuant to the Government Records Access and Management Act (“GRAMA”) regarding the 1988 murder of Gordon Ray Church and the subsequent trials and convictions of Michael Anthony Archuleta and Lance Conway Wood. Mr. Eames requested that he be given access for inspection of the trial exhibits. After the court proceedings had been completed, trial exhibits were remanded to Millard County for safe storage.

On February 20, 2020, Mr. Eames filed an appeal with the State Records Committee (“Committee”) claiming that Millard County had constructively denied his request for records. On January 14, 2021 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. Under GRAMA, a person has the 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).

2. GRAMA defines a “record” as a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics: (1) That is prepared, owned, received, or retained by a governmental entity or political subdivision; and (2) Where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. Utah Code § 63G-2-103(22)(a).

3. Patrick S. Finlinson, Millard County Attorney, argued that Mr. Eames had been provided access to all public records related to his records request with the exception of the trial exhibits. Mr. Finlinson stated that access to the trial exhibits could not be provided to Mr. Eames because it is important that the evidentiary integrity of the exhibits be preserved for any further legal proceedings related to the convictions of Archuleta and Wood. Since Mr. Archuleta was given a death sentence, Mr. Finlinson contended that his legal proceedings continue and allowing the public to handle and manipulate the exhibits could compromise the evidence and potentially impact Mr. Archuleta’s future legal proceedings. Mr. Finlinson noted that Millard County had provided photographs of the exhibits to Mr. Eames.

4. After having considered the written and oral arguments of the parties, the Committee is convinced that Millard County has provided access to all public records responsive to Mr. Eames’ records request. However, Millard County is not required to provide access to Mr. Eames for the trial exhibits. The exhibits are not “records” as defined by GRAMA because they are not reproducible by photocopy or other mechanical or electronic means. See, Utah Code § 63G-2-103(22)(a)(ii).

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 25 day of January 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
PATRICIA SMITH-MANSFIELD
Chair, State Records Committee