State Records Committee Appeal Decision 2021-49

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ROBERT SLOMAN, Petitioner, v.

UNIVERSITY OF UTAH, Respondent.

DECISION AND ORDER

Case No. 21-49

By this appeal, Petitioner, Robert Sloman, requests access to records allegedly held by Respondent, the University of Utah.

FACTS

The present appeal is a continuance of a hearing held on June 10, 2021 by the State Records Committee (“Committee”). See, Sloman v. Univ. of Utah, State Records Committee Case No. 21-34 (June 21, 2021). During the previous hearing, the Committee heard evidence and arguments from the parties. The Committee voted unanimously to continue the matter to allow the ongoing process of records production to continue. At a hearing held on September 9, 2021, the Committee allowed both parties to present a status report concerning Respondent’s record production process. The Committee thereafter issued the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. Pursuant to GRAMA, a person has the right to inspect a public record free of charge and take a copy of a public record during normal working hours subject to Utah Code §§ 63G-2-203 & -204. Utah Code § 63G-2-201(1)(a). A person making a request for a record shall submit to the governmental entity that retains a record a written request containing a description of the record identifying the record with reasonable specificity. Utah Code § 63G-2-204(1)(a)(ii).

2. After reviewing all written responses and hearing the arguments of the parties, the Committee is convinced that Respondent has made reasonable efforts to produce records responsive to Mr. Sloman’s records requests. The status update by Respondent indicates that all responsive records have been produced to Mr. Sloman, and that no other responsive records could be found.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Robert Sloman, 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