State Records Committee Appeal Decision 2024-08

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRADY EAMES, Petitioner, v.

LEHI CITY, Respondent,

DECISION AND ORDER

Case No. 24-08

By this appeal, Brady Eames (“Petitioner”), requests a fee waiver and records allegedly held by Lehi City (“Respondent”).

FACTS

Petitioner submitted a request to the Respondent for certain records pursuant to the Government Records Access and Management Act (“GRAMA”). Specifically, Petitioner sought “the statutorily required public biannual report that reveals the public funds deposited and pooled in the [Public Treasurer’s Investment Fund] by the public treasurer of [Lehi City Municipal Corporation] for investment by the State Treasurer as of June 30, 2023 (D&I Report).” In conjunction with his request, Petitioner sought a fee waiver because he “believe[s] that the D&I Report is a vital public record.”

Respondent didn’t respond within the 10 days required by statute which constitutes a denial under GRAMA. Petitioner then filed an appeal with Respondent’s chief administrative officer (“CAO”). On September 26, 2023, records officer, Teisha Wilson, contacted Petitioner informing him that his appeal had been received and she had just been made aware of his initial GRAMA request. Ms. Wilson informed Petitioner that “[a]fter research and a search, Lehi City has no known records pertaining to your request.” Petitioner then appealed to the State Records Committee (the “Committee”).

On January 18, 2024, 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

At the beginning of the hearing, both Petitioner and Respondent attended virtually. It quickly became apparent that, although the Committee and Respondent could understand each other just fine, Petitioner’s connection was failing—the Committee and Respondent both had difficulty hearing him when he spoke due to his internet connection, and he had difficulty hearing the dialogue on his end. Due to the technical difficulties Petitioner was experiencing, the Committee moved to continue the hearing until February 15, 2023.

ORDER

THEREFORE, for the foregoing reasons, Petitioner’s appeal is hereby CONTINUED to February 15, 2023.

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 January 2024

BY THE STATE RECORDS COMMITTEE

Kenneth Williams
Chair, State Records Committee