Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 2014-01

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

WILLIAM HILL, Petitioner, vs.

UTAH DEPARTMENT OF CORRECTIONS, Respondent.

DECISION AND ORDER

Case No. 14-01

By this appeal, Petitioner, William Hill, seeks access to records from Respondent, the Utah Department of Corrections (“Corrections”).

FACTS

On October 18, 2013, Mr. Hill filed a records request pursuant to the Utah Government Records Access and Management Act (“GRAMA”) with Corrections for his Pre-Sentence Investigation Report (“PSI Report”). His initial request was denied and he filed an appeal with Mike Haddon, Deputy Director for Corrections. In a letter dated November 27, 2013, Mr. Haddon denied the appeal stating that PSI Reports are protected records pursuant to §§ 77-18-1(14)(d), 64-13-20(3)(a), and 63G-2-305(13) & (14). Mr. Hill now appeals the denial of his request for records to the State Records Committee (“Committee”). The Committee having reviewed the arguments submitted by the parties and having heard oral argument and testimony, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. GRAMA specifies that “all records are public unless otherwise expressly provided by statute.” Utah Code § 63G-2-201(2). Records to which access is restricted pursuant to another state statute are not public records. Utah Code § 63G-2-201(3)(b).

2. PSI Reports are classified “protected” in accordance with GRAMA, and notwithstanding sections 63G-2-403 and 63G-2-404, the “State Records Committee may not order the disclosure of a presentence investigation report.” Utah Code § 77-18-1(14).

3. After reviewing the arguments submitted by the parties, hearing oral arguments and testimony, the Committee finds that it does not have jurisdiction to order the release of Mr. Hill’s PSI Report pursuant to the express prohibition found in Utah Code § 77-18-1(14).

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, William Hill is DENIED.

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 16th day of January 2014,

BY THE STATE RECORDS COMMITTEE

____________________________________
LEX HEMPHILL, Chairperson
State Records Committee