Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 2013-15

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ROGER BRYNER, Petitioner, vs.

CITY OF COTTONWOOD HEIGHTS, Respondent.

ORDER OF CONTINUANCE

Case No. 13-15

The present case came before the State Records Committee (“Committee”) for a hearing that was held on November 21, 2013. Petitioner, Roger Bryner, had made a records request pursuant to the Utah Government Records Access and Management Act (“GRAMA”) with Respondent, the City of Cottonwood Heights (“Cottonwood Heights”), for the following records:

1. Any documents showing the policy of charging $10.00 per police report requested at the Cottonwood Heights Police window.

2. Any documents showing the policy of redacting police reports requested at the Cottonwood Heights Police window.

3. Any documents showing policy of denying access to reports if the person has not appeared in court when requested at the Cottonwood Heights Police window.

4. Any documents showing any policy of when requested at the Cottonwood Heights Police window.

5. A copy of each and every GRAMA request made to the Cottonwood Heights Police window in the last year and any information on if a fee was collected and if any redactions were made.

6. A copy of each and every GRAMA request made to the Cottonwood Heights Police window in the last year for which no redaction was made.

7. A copy of each and every GRAMA request made to the Cottonwood Heights Police window in the last year for which no fee was charged.

8. A copy of any emails or written communication between anyone in the police department and City Manager John Park regarding the status of my GRAMA request made on September 10, 2013 and the appeal made to John Park later on the same day.

9. Any internal emails or written communication sent by Gina Talbot regarding my GRAMA request of September 10, 2013.

10. Any internal emails or written communication regarding the letter sent by Attorney David W. Brown to chief Russo on March 23, 2013.

Cottonwood Heights estimated that it would cost approximately $2,142.45 to provide the requested records to Mr. Bryner. In his appeal before the Committee, Mr. Bryner has requested a fee waiver for the estimated cost for the production of the records. During the hearing, counsel for Cottonwood Heights stated that the City had not yet made a determination concerning the classification of the records. Also during the hearing, Mr. Bryner withdrew Requests #’s 4, 5, 6, & 7, but requested a response to numbers 6 & 7. Thereafter the parties jointly requested that the matter before the Committee should be continued until the next regularly scheduled hearing in order to allow Cottonwood Heights to review Mr. Bryner’s modified records request and then classify the records as public, private, controlled, or protected pursuant to GRAMA. According, IT IS HEREBY;

ORDERED: that this matter is hereby continued until the next scheduled hearing of the State Records Committee which will be held on December 12, 2013, in order to allow Respondent, the City of Cottonwood Heights, to review Petitioner, Roger Bryner’s records request and classify the records pursuant to the requirements of GRAMA.

This Order was made without objection and with the consent of the parties.

Entered this 3rd day of December 2013

BY THE STATE RECORDS COMMITTEE

 

____________________________________
LEX HEMPHILL, Chairperson
State Records Committee