State Records Committee Appeal Decision 2021-11

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

CARALEE WOODS, Petitioner, v.

UTAH DEPARTMENT OF AGRICULTURE AND FOOD, Respondent.

DECISION AND ORDER

Case No. 21-11

By this appeal, Petitioner, Caralee Woods, seeks access to records allegedly held by Respondent, the Utah Department of Agriculture and Food.

FACTS

On September 2, 2020, Ms. Woods filed a request for records pursuant to the Government Records Access and Management Act (“GRAMA”). The request to the Utah Department of Agriculture and Food (“UDAF”) was for any records regarding amendments to the Boulder Creek Canyon Ranch Conservation Easement (“BCCR Easement”). An e-mail was sent by UDAF dated September 11, 2020, that provided information regarding the request, including that the amendments for the BCCR Easement had not been finalized and UDAF did not possess a complete draft. Ms. Woods filed an appeal with Kelly Pehrson with UDAF, who upheld the original response by UDAF.

Ms. Woods filed an appeal with the State Records Committee (“Committee”). The Committee held a hearing on February 11, 2021, during which all parties were allowed to participate electronically. 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. Drafts unless otherwise classified as public records, are protected records if properly classified by the governmental entity. Utah Code § 63G-2-305(22). However after considering the arguments of the parties and review of the requested records in camera, the Committee found that the records should not be classified as drafts.

3. Generally records the disclosure of which would impair governmental procurement proceedings, or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, are protected records if properly classified by the governmental entity and the bid, proposal, application, or other information submitted to or by a governmental entity is in response to a grant or other similar document. Utah Code § 63G-2-305(6).

4. The Committee finds that the records could be properly classified as protected records pursuant to Utah Code § 63G-2-305(6). The responsive records were a proposal to UDAF regarding an amendment to the BCCR Easement by a private landowner. Disclosure of the records could impair the proceedings by UDAF considering the proposal.

5. The Committee may upon consideration and weighing of the various interests and public policies to the classification of nondisclosure, order the disclosure of information properly classified as protected if the public interest favoring access is greater than or equal to the interest favoring restriction of access. Utah Code § 63G-2-403(11)(b).

6. The Committee finds after having reviewed the requested records in camera and considering the arguments made by Ms. Woods and Julian Hatch regarding the public interest in the records, finds that although the records have been properly classified as protected records, the public interest favoring access is greater than to the interest favoring restriction of access. Accordingly, the Committee finds that the requested records should be released by UDAF.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Caralee Woods, is hereby GRANTED.

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 22 day of February 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee