State Records Committee Appeal Decision 2022-01

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PATRICK SULLIVAN, Petitioner, v.

SANPETE COUNTY, Respondent.

DECISION AND ORDER

Case No. 22-01

By this appeal Petitioner, Patrick Sullivan, is requesting records allegedly held by Respondent, Sanpete County.

FACTS

The present case involves four different appeals (#’s 2021-55, 2021-76, 2021-81, & 2021-83) to the State Records Committee (“Committee”) by Mr. Sullivan for requests for records made pursuant to the Government Records Access and Management Act (“GRAMA”) from Sanpete County. Because of the similar nature in the requests and involving the same governmental entity, the Committee combined the four appeals into one hearing which was held on January 20, 2022.

Appeals #2021-55 & #2021-76 involved a request for records regarding discovery for a district court case. Appeal #2021-81 involved a request for e-mail messages, chats, or hangout messages involving specified employees of the Utah Department of Corrections. Appeal #2021-83 involved a request for information referred to Sanpete County by the Utah Department of Corrections, Gunnison Prison.

The Committee held a hearing on January 20, 2022, during which the Committee considered all of the evidence and arguments presented by the parties. The Committee issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. The Committee finds that Sanpete County did a reasonable search for item #’s 1, 2, & 4 in Appeal # 2021-55. Similarly, the Committee finds that Sanpete did a reasonable search for the records requested in Appeal # 2021-81. However, the Committee finds that item # 3 (the probable cause statement) in Appeal #2021-55 should be provided to Mr. Sullivan.

2. GRAMA states that a governmental entity is not required to respond to, or provide a record in response to, a record request if the request is submitted by or in behalf of an individual who is confined in a jail or other correctional facility following the individual’s conviction. Utah Code § 63G-2-201(10)(a). -201(10)(a) does not apply to: (1) The first five record requests submitted to the governmental entity by or in behalf of an individual described in -201(10)(a) during any calendar year requesting only a record that contains a specific reference to the individual; or (2) A record request that is submitted by an attorney of an individual described in -201(10)(a).

3. The Committee finds persuasive the evidence presented by Respondent that it was not required to respond to or provide a record in response to Mr. Sullivan’s records requests in Appeal #’s 2021-76 and 2021-83 pursuant to Utah Code § 63G-2-201(10)(a) because Mr. Sullivan had already made at least five records requests to Sanpete County.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Patrick Sullivan, is GRANTED in part and DENIED in part.

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 31st day of January 2022

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee