State Records Committee Appeal Decision 2021-51

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ERIC PETERSON, Petitioner, v.

UTAH DEPARTMENT OF WORKFORCE SERVICES, Respondent.

DECISION AND ORDER

Case No. 21-51

By this appeal, Petitioner, Eric Peterson, a reporter with the Utah Investigative Journalism Project, seeks access to records held by Respondent, the Utah Department of Workforce Services.

FACTS

On May 31, 2021, Mr. Peterson made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”) from Respondent. Mr. Peterson requested the names of recipients for funds spent under the Emergency Rental Assistance Program (“ERA”) for Housing Stability Services up to June 1, 2021. In an e-mail dated June 21, 2021, Mr. Peterson was provided with a fact sheet regarding ERA and an Excel spreadsheet with ERA Data.

In an e-mail also dated June 21, 2021, Mr. Peterson filed an appeal with Respondent. Mr. Peterson argued that since individuals had received public funds through a public program, the names of the individuals should not “be kept secret.” Mr. Peterson’s appeal was denied and an appeal was filed with the State Records Committee (“Committee”). On October 28, 2021, the Committee held a hearing during which the parties were allowed to participate. At the hearing, the Committee considered the written materials, oral testimony, and oral arguments of the parties. After having carefully considered all evidence presented to the Committee, 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 concerning an individual’s eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels are private records. Utah Code § 63G-2-302(1)(a).

3. In the present case, Respondent argued that if the requested records were made public, there would be “a direct and readily discoverable nexus between the identified landlord and a tenant receiving benefits.” Respondent claimed that landlord participation is integral to the success of EPA and revealing the names of landlords to the public “will have a chilling effect on landlord participation.”

4. After having considered the evidence presented and the arguments of the parties, the Committee finds that the requested records were properly classified as private records pursuant to Utah Code § 63G-2-302(1)(a). The records show the amount of benefits given through EPA paid to landlords for tenants receiving benefits and the Committee is convinced that release of these records could have a chilling effect on participation in the program.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Eric Peterson, 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 8 day of November 2021

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee