State Records Committee Appeal Decision 2022-29

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRADY EAMES, Petitioner, v.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 22-29

By this appeal, Petitioner, Brady Eames, requests records held by Respondent, the Utah Department of Corrections (“UDC”).

FACTS

On January 5, 2022, Mr. Eames made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”) from the Respondent. Mr. Eames requested access to records documenting the mental health status of an inmate and accounting records documenting tax funds used to provide mental health services to him. Respondent provided 16 pages of records and internet links to publicly available information on January 14, 2022. UDC denied a request for the mental health records of the inmate because they are classified as private or controlled pursuant to Utah Code §63G-2-302(2)(d) or Utah Code § 63G-2-304.
Mr. Eames filed an appeal with the State Records Committee (“Committee”) on February 7, 2022. On July 21, 2022, the Committee held a hearing during which the parties were allowed to participate. Mr. Eames did not attend the hearing. At the hearing, the Committee considered the written materials, oral testimony, and oral arguments. 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 a “record is 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. A record is a controlled record if: (1) The record contains medical, psychiatric, or psychological data about an individual; (2) The governmental entity reasonably believes that releasing the information would constitute a violation of normal professional practice and medical ethics; and (3) The governmental entity has properly classified the record. Utah Code § 63G-2-304.

3. Records containing data on individuals the disclosure of which constitutes a clearly unwarranted invasion of personal privacy are private records if properly classified by a governmental entity. Utah Code § 63G-2-302(2)(d).

4. After having considered the arguments submitted by both parties, the Committee finds that UDC properly classified the records a controlled pursuant to Utah Code § 63G-2-304 and private pursuant to Utah Code § 63G-2-302(2)(d). Mr. Eames has not proven why his need to have access to an inmate’s records, including his medical records, is greater than the government’s interest in keeping these records non-public.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Brady Eames, 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 1 day of August 2022

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee