State Records Committee Appeal Decision 2022-44

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PATRICK SULLIVAN, Petitioner, v.

SANPETE COUNTY, Respondent.

DECISION AND ORDER

Case No. 22-44

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

FACTS

On February 22, 2022, Petitioner requested records pursuant to the Government Records Access and Management Act (“GRAMA”) from Respondent. Specifically, he requested all emails from a list of individuals that mentioned him, along with any attachments to those emails, that were sent from January 1, 2019, to the date of his request. Petitioner also requested a “certified copy of summons” for a specific district court case along with a signature showing the date Respondent received the document and a copy of the envelope. Petitioner’s requests and appeal went unanswered, and because GRAMA treats a government entity’s failure to respond to a request for records the same as a formal denial (Utah Code §§ 63G-2-204(9); 63G-2-401(5)(b)(i)), he now brings this appeal to the State Records Committee (“Committee”).

The Committee held a hearing on October 13, 2022. However, Respondent failed to attend the hearing. From Petitioner’s own request for a continuance, the Committee affirms that request.

ORDER

THEREFORE, IT IS HEREBY ORDERED THAT:
1. The appeal of Petitioner, Patrick Sullivan, is hereby CONTINUED to November 17th, 2022.

2. No later than five business days before the November 17th hearing, Respondent shall deliver to the Committee a Statement of Facts as required by Utah Code § 63G-2-403(5).

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 24 day of October 2022

BY THE STATE RECORDS COMMITTEE

KENNETH R. WILLIAMS
Chair, State Records Committee