State Records Committee Appeal Decisions 2021-48

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

LIONEL TREPANIER, Petitioner, v.
UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION, Respondent.

DECISION AND ORDER
Case No. 21-48

By this appeal, Petitioner, Lionel Trepanier, requests a fee waiver for records held by Respondent, the Utah School and Institutional Trust Lands Administration (“SITLA”). Mr. Trepanier claimed that he qualifies for a fee waiver because his request benefits the public rather than a specific individual. After holding a hearing on September 9, 2021 during which the parties were allowed to present their arguments and evidence, the State Records Committee (“Committee”) issues the following Decision and Order:

STATEMENT OF REASONS FOR DECISION

1. The Government Records Access and Management Act (“GRAMA”) specifies that a governmental entity “may fulfill a record request without charge” and is encouraged to do so when it determines that releasing the record primarily benefits the public rather than a person. Utah Code § 63G-2-203(4)(a). A person who believes that there has been an unreasonable denial of a fee waiver under Utah Code § 63G-2-203(4) may appeal the denial in the same manner as a person appeals when inspection of a public record is denied under Utah Code § 63G-2-205. Utah Code § 63G-2-203(6)(a).

2. The adjudicative body shall consider the reasonableness of the governmental entity’s denial of the fee waiver and any determinations made under Utah Code § 63G-2-203(4). See, Utah Code § 63G-2-203(6); Salt Lake City Corp. v. Jordan River Restoration Network, 2018 UT 62, ¶¶ 52 & 53, 435 P.3d 179, 188-189. Additionally, the adjudicative body has the same authority when a fee waiver or reduction is denied as it has when the inspection of a public record is denied. Utah Code § 63G-2-203(6)(b)(ii).

3. It is clear to the Committee that the requirements of Utah Code § 63G-2-203(4) apply to SITLA. Although SITLA argued that they should be exempt because they are not funded by taxpayer funds, GRAMA applies to SITLA because it was “established by the government to carry out the public’s business.” See, Utah Code § 63G-2-103(11)(b)(i).

4. However, after having considered all of the evidence and arguments presented by both parties, the Committee finds that SITLA’s decision to deny Mr. Trepanier’s request for a fee waiver was not an unreasonable denial. It was reasonable for SITLA to conclude that Mr. Trepanier’s request primarily benefited a person and not the public. Accordingly, the Committee upholds SITLA’s denial of Mr. Trepanier’s request for a fee waiver.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Lionel Trepanier, 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 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