State Records Committee Decision 2016-13

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

BRYAN THATCHER, Petitioner, v.

UTAH DEPARTMENT OF PUBLIC SAFETY. Respondent.

DECISION AND ORDER

Case No. 16-13

By this appeal, Petitioner, Bryan Thatcher, seeks access to records allegedly held by Respondent, the Utah Department of Public Safety.

FACTS

On or about December 7, 2015, Mr. Thatcher made a records request to the Utah Department of Public Safety ("Respondent"), pursuant to the Government Records Access and Management Act (“GRAMA”) requesting:
All written reports, notes, recordings and/or videos of interviews and/or statements, and any other records held by DHRM regarding [Petitioner]. This includes records, documents, notes, and statements from all parties with regard to any and all investigations conducted by internal affairs or professional standards of, or related to [Petitioner].

The request also sought “[a]ll written reports, notes, or any other records held by, or in possession of DHRM and the Department of Public Safety related to [Petitioner].”
On or about January 5, 2016, Respondent provided some records that were responsive to Mr. Thatcher’s request, but denied access to the remaining records. Mr. Thatcher appealed the decision to Commissioner Keith D. Squires. After reviewing Mr. Thatcher’s records request, Mr. Squires upheld the denial to the records.

Mr. Thatcher filed an appeal with the State Records Committee (“Committee”). On April 14, 2016, the Committee held a hearing and heard oral arguments from the parties. During the deliberation phase of the hearing, a motion was made by a Committee member to review the disputed records in camera. When it was determined that the records were too numerous to review in its entirety during the hearing on this matter, the Committee voted unanimously to continue the hearing to a later date in order to allow sufficient time for Committee members to review the disputed records. Neither party objected to the continuance. Accordingly, IT IS ORDERED THAT:

ORDER

The hearing is CONTINUED to a later date. The records provided by Respondent to the Executive Secretary for the Committee, shall be secured at the State Archives Building in order to allow an in camera review by the Committee.

Entered this 25th day of April, 2016.

BY THE STATE RECORDS COMMITTEE

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PATRICIA SMITH-MANSFIELD, Chairperson
State Records Committee