State Records Committee Appeal Decision 2020-10
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
PAUL AMANN, Petitioner, v.
UNIFIED POLICE DEPARTMENT OF GREATER SALT LAKE. Respondent.
DECISION AND ORDER
Case No. 20-10
By this appeal, Petitioner, Paul Amann, seeks to have access to a computer hard drive in the possession of Respondent, the Unified Police Department of Greater Salt Lake.
In January 2020, the parties appeared for a hearing before the State Records Committee (“Committee”). See, Amann v. Unified Police Dept. of Greater Salt Lake, State Records Committee Case No. 20-08 (Jan 21, 2020). At the hearing, the parties requested a continuance of the matter. The Committee voted unanimously for a continuance until the next available Committee hearing, which was thereafter scheduled for February 21, 2020.
At the February 21, 2020 Committee hearing, the parties requested an additional continuance to try to resolve the matter. The Committee voted unanimously for an additional continuance.
THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Paul Amann, is CONTINUED until the next available 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 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 3rd of March 2020.
BY THE STATE RECORDS COMMITTEE
PATRICIA SMITH-MANSFIELD, Chair
State Records Committee
Page Last Updated March 11, 2020 .