State Records Committee Appeal Decision 2019-45
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
COURTNEY TANNER, on behalf of the SALT LAKE TRIBUNE, Petitioner, v.
WEST VALLEY CITY. Respondent.
DECISION AND ORDER
Case No. 19-45
By this appeal, Petitioner, Courtney Tanner, a journalist for the Salt Lake Tribune, seeks access to records allegedly held by Respondent, West Valley City.
On November 14, 2019, Ms. Tanner filed an appeal with the State Records Committee (“Committee”) from a decision by Wayne T. Pyle, City Manager for Respondent, West Valley City. On December 12, 2019, the Committee held a hearing where both parties participated by telephone. A request was made by representatives of both parties for a continuance of the hearing. The parties stated that they wanted to continue to work with the Government Records Ombudsman regarding the appeal. After discussing the parties’ request, the Committee voted to continue the matter until the February 2020 Committee hearing.
THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Courtney Tanner, is CONTINUED until the February 2020 Committee hearing.
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 a parties’ rights on appeal, a party may wish to seek advice from an attorney.
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 for executive branch entities, to the Legislative Management Committee for legislative branch entities, and to the Judicial Council for judicial branch agencies’ entities. Utah Code § 63G-2-403(15)(d)(i). 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 23rd day of December 2019.
BY THE STATE RECORDS COMMITTEE
TOM HARALDSEN, Chair
State Records Committee
Page Last Updated January 6, 2020 .