State Records Committee Appeal Decision 2022-22

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

REGINALD WILLIAMS, Petitioner, v.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 22-22

By this appeal, Petitioner, Reginald Williams seeks access to records allegedly held by Respondent, the Utah Department of Corrections (“UDC”).

FACTS

On September 17, 2021, Mr. Williams made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”) from UDC. Mr. Williams requested results of “all covid test; cost and maker of covid test; person(s) that authorized/performed my covid test; reason for performing the covid test.”

UDC responded on October 7, 2021 providing four pages to Mr. Williams. UDC’s response also stated that the “medical records department does not have record of who administered the test due to the fact that there are multiple providers that are doing the testing.”

In a letter dated October 16, 2021, Mr. Williams filed an appeal with the executive director for UDC. However, legal counsel for UDC has stated that there is no record of Mr. Williams’s appeal and therefore, UDC did not respond. In a letter dated November 8, 2021 and received by the State Records Committee (“Committee”) on December 6, 2021, Mr. Williams filed an appeal with the Committee. On June 2, 2022, 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. In response to a records request, a governmental entity is not required to create a record. Utah Code § 63G-2-201(8)(a).

2. UDC provided evidence through testimony given at the Committee’s hearing, that all records responsive to Mr. Williams’s records request were already provided to Mr. Williams. UDC claimed that a reasonable search had been made and that no other responsive records had been found.

3. The Committee finds that based upon the evidence presented to the Committee, UDC performed a reasonable search for records responsive to Mr. Williams’s records request. UDC already provided responsive records naming Mr. Williams specifically. Accordingly, UDC is not required to provide any other records to Mr. Williams.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Reginald Williams, 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 13 day of June 2022

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee