Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal Decision 2012-12

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

MARK HAIK, Petitioner, vs.

SALT LAKE CITY CORPORATION, Respondent.

DECISION AND ORDER

Case No. 12-12

By this appeal, Petitioner, Mark Haik, is seeking “compliance with the decision …of the [Salt Lake City] Mayor’s Records Appeals Board or review of the noncompliance by the State Records Committee.” In a letter dated May 16, 2012, Mr. Haik stated that he was “unclear which authority is responsible for hearing this question and so am appealing to both bodies.”

The State Records Committee (“Committee”) held a hearing on July 12, 2012. Both parties provided written materials prior to the hearing. Counsel for Respondent, Salt Lake City Corporation, appeared at the hearing, but no one on behalf of Mr. Haik made an appearance at the hearing. During the hearing, counsel for Respondent stated that the Salt Lake City Records Appeals Board was still reviewing Mr. Haik’s appeal and therefore, an appeal before the Committee on the present matter would be premature. After reviewing the evidence presented by the parties, the Committee now issues the following Decision and Order:

ORDER

IT IS ORDERED THAT the appeal of Petitioner, Mark Haik be dismissed as untimely because a final order has not been issued by the Salt Lake City Records Appeals Board.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the District Court. The petition for review must be filed no later than thirty (30) days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and Utah Code § 63G-2-404. The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(14)(d), the government entity herein shall comply with the order of the Committee and, if records are ordered to be produced, file: (1) a notice of compliance with the records committee upon production of the records; or (2) a notice of intent to appeal. If the government entity 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 for executive branch entities, to the Legislative Management Committee for legislative branch entities, and to the Judicial Council for judicial branch agencies’ entities.

Entered this 20th day of July 2012.

BY THE STATE RECORDS COMMITTEE

____________________________________
BETSY ROSS, Chairperson
State Records Committee