State Records Committee Appeal Decision 2021-16

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

J. ROBERT LATHAM, Petitioner, v.

WASHINGTON COUNTY, Respondent.

DECISION AND ORDER

Case No. 21-16

By this appeal, Petitioner, J. Robert Latham, seeks access to records allegedly held by Respondent, Washington County.

FACTS

On April 23, 2020, Mr. Latham made a records request to the Washington County Records Officer pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Latham requested records “that reference or are about me” from two named individuals on or after June 20, 2018. On September 24, 2020, Respondent provided some of the requested records but also stated that there are 298 e-mails that have been classified as non-public. After an appeal was filed by Mr. Latham, Victor Iverson, Chair of the Washington County Commission, denied Mr. Latham’s appeal in a letter dated November 6, 2020.

Mr. Latham filed an appeal with the State Records Committee (“Committee”) and an electronic hearing was held by the Committee on February 11, 2021. At the hearing, it was determined by the Committee that an in camera review of the disputed records was necessary and the matter was continued until March 11, 2021. Latham v. Washington Cty., State Records Committee Case No. 21-07 (Feb. 22, 2021). At the hearing held on March 11, 2021, the Committee considered the requested relief of the parties and now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. The Government Records Access and Management Act (“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. A record to which access is restricted pursuant to court rule are not public and are governed by the specific provisions of that rule. Utah Code § 63G-2-201(3)(b) & (6)(a).

2. Utah Rule of Judicial Administration 4-202.03(1) provides that any person can access a public court record. However, Utah Rule of Judicial Administration 4-202.03(5) & (6) generally restricts access to juvenile court social records and juvenile court legal records.

3. Records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy are private records if properly classified by a governmental entity. Utah Code § 63G-2-302(2)(d). Records listed in Utah Code § 63G-2-305 are protected records if properly classified by the governmental entity.

4. After having considered the arguments of the parties and reviewing the disputed records in camera, the Committee finds that the records were appropriately classified by Respondent. The Committee finds that some of the records are records from juvenile court proceedings which should remain non-public pursuant to court rule, being subject to Utah Code § 63G-2-201(3)(b). The Committee also finds that the records were properly classified under GRAMA by Respondent as private records pursuant to Utah Code § 63G-2-302(2)(d), as protected records pursuant to Utah Code § 63G-2-305(6), (10), (17), (18), and (22), and as non-records pursuant to Utah Code § 63G-2-103(22)(b).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, J. Robert Latham, is 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 22 day of March 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee