State Records Committee Appeal Decision 2022-10

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

AARON PACINI, Petitioner, v.

JORDAN SCHOOL DISTRICT, Respondent.

DECISION AND ORDER

Case No. 22-10

By this appeal Petitioner, Aaron Pacini, seeks a fee waiver and access to records allegedly held by Respondent, the Jordan School District.

FACTS

On or about September 15, 2021, Mr. Pacini made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”) to the Jordan School District. He requested the following six sets of records (Request #’s 1-6): (1) Election results for all South Jordan Elementary Community Council ("SCC") 2021-2022 elections; (2) The SCC election rules and procedures governing all SCC 2021-2022 elections; (3) The names of each SCC member including parents and teachers, the beginning dates of their service and the ending date of their current term; (4) All emails, texts, and other communications (regardless of official or personal communications) to or from South Jordan Elementary's principal, vice-principal, other administrators and office staff regarding SCC in the calendar year 2021, SCC election(s) for the year 2021-2022 and Pacini by name or reference including Aaron, Shalene, Christopher, Jacob, Timothy or Nathan; (5) All emails, texts or other communications (personal or official) from or to two specified individuals regarding the SCC 2021-2022 election including references to "Pacini," any candidate, the election process, results, etc.; and (6) The number of students in each SJE class from each Dibels category. Mr. Pacini also requested a fee waiver as these records benefit the public and he is the subject, or representative, of the record.

On September 29, 2021, the Jordan School District granted Mr. Pacini’s records request in part and denied it in part. On October 18, 2021, Mr. Pacini filed an appeal with Dr. Anthony Godfrey, Superintendent of the Jordan School District, who in a decision dated November 9, 2021, granted in part and denied in part Mr. Pacini’s appeal.

Mr. Pacini filed an appeal with the State Records Committee (“Committee”) on December 8, 2021, for Request #’s 1, 3, 4, 5, & 6. On March 17, 2022, the Committee held a hearing where the parties were allowed to participate in person and electronically. After carefully considering the parties’ arguments and the evidence presented and reviewing the records in camera, 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. Regarding Request #1, the Committee finds that the record is a non-public record pursuant to Utah Code §§ 63G-2-302(2)(d) & -305(22).

3. The Committee finds that Request #3 for names of each SCC member including parents and teachers, the beginning dates of their service and the ending date of their current term, should be denied because the information has already been provided to Mr. Pacini by the Jordan School District. See, Utah Code § 63G-2-201(8)(d).

4. 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).

5. The Committee finds that the Jordan School District’s denial of Mr. Pacini’s request for a fee waiver for Request #’s 4 & 5 was not an unreasonable denial of a fee waiver because Mr. Pacini has not shown that releasing the record primarily benefits the public rather than a person.

6. The Committee denies Mr. Pacini’s appeal for Request #6 because the Committee is convinced that Jordan School District does not possess a record responsive to Mr. Pacini’s records request.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Aaron Pacini, 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 28 day of March 2022

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R WILLIAMS
Chair, State Records Committee