State Records Committee Appeal Decision 2022-35

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PATRICK SULLIVAN, Petitioner, v.

SANPETE COUNTY, Respondent.

DECISION AND ORDER

Case No. 22-35

This case comes before the Committee on remand from the Sixth Judicial District Court for the State of Utah.

FACTS

Patrick Sullivan initially made a request for records pursuant to the Government Records Access and Management Act (“GRAMA”) from Respondent. In response to the records request, Respondent initially stated, “Mr. Sullivan met his records request limit as found by this committee in Order 22-01 and thus, Sanpete County was not required to respond to or provide a record in response to his April 1, 2021, request, per Utah Code § 63G-2-201(10)(a)-(b)(i).”

Mr. Sullivan filed an appeal to the Sixth Judicial District Court in Sanpete County, bypassing the State Records Committee process (“Committee”). Judge Bagley, for the District Court, remanded this case to the Committee.

On July 21, 2022, this appeal came before the Committee. The Committee reviewed the appeal to determine if it had jurisdiction. At the hearing the Committee determined that jurisdiction existed and then set the appeal for August 18, 2022.

On August 18, 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. The request filed by Mr. Sullivan contained six subparts/requests.

2. On January 31, 2022, the Committee heard a different appeal that was filed by Mr. Sullivan. . In that appeal the Committee determined that Mr. Sullivan had already reached his limit for GRAMA requests to Sanpete County for the year 2021.

3. The GRAMA request before the Committee in this matter was originally filed on April 1, 2021, and Mr. Sullivan explained this was the first request he filed in 2021. While it may be accurate that this was the first request Mr. Sullivan filed in 2021, this request was filed with the district court – not with Sanpete County. As such, this request was not received by Sanpete County until after Sanpete County had fulfilled Mr. Sullivan’s other GRAMA requests. Therefore, this request was not counted among those that caused Mr. Sullivan to reach his limit.

4. The Committee hereby determines that Mr. Sullivan already reached his limit for GRAMA requests to Sanpete County for the 2021 calendar year, and therefore Sanpete County is not required to fulfill the request in this matter.

5. As the Committee has already determined that Mr. Sullivan has reached his limit for calendar year 2021, as explained above, the Committee does not need to determine the other arguments made by the parties as to the validity of the actual requests.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner is 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 29 day of August 2022

BY THE STATE RECORDS COMMITTEE

_____________________________________
KENNETH R. WILLIAMS
Chair, State Records Committee