State Records Committee Appeal Decision 2021-47

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

O’NEILL CHAMBERS, Petitioner, v.

CITY OF OREM, Respondent.

DECISION AND ORDER
Case No. 21-47

By this appeal, Petitioner, O’Neill Chambers, requests access to records held by Respondent, the City of Orem.

FACTS

On January 7, 2021, Mr. Chambers made a records request to Respondent pursuant to the Government Records Access and Management Act (“GRAMA”). Mr. Chambers requested a copy of a police report related to an incident where Mr. Chambers was the victim of an alleged assault. Respondent provided some records but withheld other records. Mr. Chambers filed an appeal with the Orem City Manager, who provided Mr. Chambers with all remaining responsive records except for a Title VI Investigation Report from Alpine School District (“ASD”) and a Response to Discrimination Allegations Record from ASD.

Mr. Chambers filed an appeal with the State Records Committee (“Committee”). After holding a hearing on July 8, 2021, the Committee voted unanimously to continue the hearing in order to allow the Committee members to have sufficient time to properly review the records in camera. See, Chambers v. City of Orem, State Records Committee Case No. 21-39 (July 19, 2021). After holding a second hearing on September 9, 2021, 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. 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).

3. After having considered the arguments and evidence presented by the parties, and having reviewed the records in camera, the Committee finds that the records should not be released to Mr. Chambers because they are private records pursuant to Utah Code § 63G-2-302(2)(d). Because of the information contained within the records, release of the records would be a clearly unwarranted invasion of personal privacy.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, O’Neill Chambers, 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 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