State Records Committee Appeal Decision 2021-46

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PATRICK SULLIVAN, Petitioner, v.

SANPETE COUNTY, Respondent.

DECISION AND ORDER

Case No. 21-46

On September 9, 2021, the State Records Committee (“Committee”) held a hearing regarding four combined appeals (2021-55, 2021-76, 2021-81, & 2021-83) involving Petitioner, Patrick Sullivan, and Respondent, Sanpete County. Mr. Sullivan is appealing decisions by Respondent regarding requests for records and requests for fee waivers pursuant to the Government Records Access and Management Act. At the hearing, Mr. Sullivan stated that he had not received a response from Respondent regarding his appeals as is required by Utah Code § 63G-2-403(5) and therefore, he was not prepared to go forward with the hearing. The Committee determined that it would be in the best interests of the parties to continue the hearing in order to allow Respondent to submit a written statement of facts, reasons, and legal authority in support of Respondent’s position for consideration of the Committee. See, Utah Code § 63G-2-403(5). The Committee voted unanimously to continue the hearing until a later date.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Patrick Sullivan, 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 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 20 day of September 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee