State Records Committee Appeal Decision Summaries, 2019-2020

 

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Case Number Case Title/Participants Records Sought Ruling
19-01 Scott Gollaher vs.
Morgan County
Records relating to Certificates of Insurance, payments and/or invoices and/or any accounting records relating to specific persons doing business with Respondent, Morgan County. Order of Continuance
19-02 Janae Wahnschaffe vs.
Highland City
Correspondences to and from specific individuals including the mayor of Highland City, copies of investigative written reports, signed affidavits, a presentation given during a board meeting, and copies of outgoing text messages from a specific person. Appeal Granted
19-03 Scott Gollaher vs.
Morgan County
Records relating to Certificates of Insurance, payments and/or invoices and/or any accounting records relating to specific persons doing business with Respondent, Morgan County. Appeal Denied
19-04 Brady Eames vs.
West Valley City
Any and all executed and filed public official penal bonds and any and all subscribed and filed constitutional oaths of office of certain elected and appointed officers. Appeal Denied
19-05 Brady Eames vs.
Ogden City
Any and all executed and filed public official penal bonds and any and all subscribed and filed constitutional oaths of office of certain elected and appointed officers. Appeal Denied
19-06 Edward A. Berkovich vs.
Utah Attorney General's Office
The “freeconferencecall.com” recording of a Utah Prosecution Council (UPC) Board meeting held on October 21, 2015 to discuss the “character, professional competence, or physical or mental health” of the petitioner and his continued employment with UPC. Appeal Denied
19-07 Brady Eames vs.
Utah Local Government Trust
Numerous emails to/from specific individuals relating to Respondent. Appeal Denied
19-08 Taylor Stevens, Salt Lake Tribune vs.
Grantsville City
Any and all documents and final reports pertaining to the outside investigation into Mayor Brent Marshall’s behavior. Appeal Partially Granted
19-09 Anthony Fierro vs.
Salt Lake School District
Records allegedly held by respondent. Order of Continuance
19-10 Chad Benion vs.
Utah Attorney General's Office
All records demonstrating costs, fees, charges or payment, incurred by the Attorney General's Office in any litigation regarding Senate Bill 54 (2014). Appeal Denied
19-11 Janalee Raelynn Roberts vs.
Utah Department of Human Services. Division of Child and Family Services
Final reports for DCFS Case numbers 2446067 or 244758, and for records related to an interview conducted by the Children’s Justice Center on July 12, 2018 including the final report findings. Appeal Denied
19-12 Douglas Sagers vs.
Tooele County
County audited and unaudited financial records, budges, contracts, management agreements, leases, purchase orders, invoices for equipment, O&M, vehicles, marketing, operating supplies, restaurant furnishings and equipment, ATVS, computers, contracts and agreements entered into between Tooele County and lessees, managers, contractors, consultants, professional service providers, appraisers, and or other parties involved or retained by Tooele County to manage, assist, consult, or advise Tooele County in the operation and or sale of the Tooele County Owned Utah Motorsports Park. Appeal Granted
19-13 Eric Peterson vs.
Utah Attorney General's Office
Records allegedly held by Respondent, the Utah Attorney General’s Office. Order of Continuance
19-14 Judith Zimmerman vs.
Utah Attorney General's Office
Any and all documentation of disciplinary action taken against four individuals who were current or former employees of the AG’s Office. Appeal Denied
19-15 Bill Keshlear vs.
San Juan County
Records related to a meeting of the San Juan County Commission on February 5, 2019. Appeal Granted
19-16 Joshua Althoff vs.
Moab City
An Internal Affairs Investigation Report in its entirety, including polygraph reports and recordings. Appeal Partially Granted
19-17 Tony Alexander Hamilton vs.
Utah Department of Corrections
The contract between the UDC and the contract attorneys, Wayne Freestone and David Angerhofer. Appeal Denied
19-18 Seven Wilson vs.
Tooele City
All supplements [sic], investigative reports, narrative statements, opening statements, D.N.A results, and discoveries for a specific case. Appeal Denied
19-19 Michael Bacon vs.
Utah Deparment of Corrections
Policy that governs that allows inmates to send out urine analysis to an outside independent lab to be re-tested. Appeal Denied
19-20 Elias Faraclas vs.
Lehi City
The TMTH Development Agreement and all records relating to the Agreement between January 16, 2018 and the signing of the Agreement. Appeal Granted
19-21 Eric Peterson vs.
Utah Attorney General's Office
  Order of Continuance
19-22 Eric Peterson vs.
Utah Attorney General's Office
  Order of Continuance
19-23 Rolf Kaestel vs.
Utah Department of Corrections
All diabetes-related diagnostics in petitioner's file between 1999 and December 31, 2007. Also, a fee waiver for the records. Appeal Denied
19-24 Oswald Balfour vs.
Utah Department of Corrections
Records relating to petitioner including notes, assessments, reports, case action plans, post-conviction reports, and communications. Appeal Denied
19-25 Gordon Thomas vs.
Utah Department of Corrections
Mental health records relating to petitioner. Order of Continuance
19-26 Leroy Wirz vs.
Utah State Tax Commission
Records relating to an investigator’s closing report and findings for a specific case number. Appeal Granted
19-27 Utah News Now vs.
Governor's Office of Economic Development
Documents related to Josh Romney in electronic form via email attachment. Appeal Denied
19-28 Judith Zimmerman vs.
Utah Department of Health
Records relating to original, signed copies of an e-mail chain that involved previous Department employees. Appeal Granted
19-29 Gordon Thomas vs.
Utah Department of Corrections
Medical records of petitioner. Appeal Partially Granted
19-30 Daniel McMann vs.
Utah Department of Corrections
A police report and assault charges on a specific person along with a specific person’s plea agreement. Order of Continuation
19-31 Patrick Sullivan vs.
Utah Department of Corrections
1. List (index, glossary, table of contents) for all files, documents, reports, etc. stored in LEB track for two specific case numbers. 2. Investigative Report, Addendum and Attachments for a specific case number. Appeal Denied
19-32 Andrew Gulliford vs.
San Juan County

Records related to the Bears Ears National Monument from 2016 – 2018 for:

1. All work products, opinions, and documents sent to the county by Davillier Law Group; 2. Billing and hourly rates of the attorneys not on the county payroll; 3. Copies of all written correspondence including emails between the Davillier Group and San Juan County; and 4. Copies of Contracts with the attorneys involved.

Order of Continuance
19-33 Kim Henderson vs.
San Juan County
All communication between Kenneth Maryboy, Steve Boos and R. Atene during SJC Commission Meeting on April 2, 2019 from 9am to 1:30 pm, text and email. Appeal Granted
19-34 Jessica Miller, Salt Lake Tribune vs.
Brigham Young University Police Department
Records related to emails between BYU PD and a list of eight specific persons. Order of Continuance
19-35 Karra Porter, Utah Cold Case Coalition vs.
Beaver County Sheriff's Office
Records relating to the murder of Karen Lee Jarvis, which occurred on or about February 8, 1998. Order of Continuance
19-36 Daniel McMann vs.
Utah Department of Corrections
A police report and assault charges on a specific person, along with that specific person’s plea agreement. Appeal Denied
19-37 McKhelyn Jones, UVU Review vs.
Utah Valley University
Eight initial contact reports from the UVU Police Department regarding specific incidents involving the UVU Police Department, plus a fee waiver as a member of the media. Appeal Granted
19-38 Michael Robinson vs.
Sandy City
All records regarding the investigation, charging, and the dismissal of a criminal case in which he was one of the victims. Appeal Denied
19-39 Brent Cobb vs.
Utah Department of Corrections
Records related to investigation reports, and a fee waiver. Appeal Denied
19-40 Kelly Pehrson vs.
San Juan County
Records relating to quotes provided by San Juan County Commissioner Kenneth Maryboy, attorney Steven Boos, and James Adakai, in a Salt Lake Tribune article and a press release purporting to be from Mr. Adakai. Appeal Granted
19-41 Paul Amann vs.
Unified Police Department of Greater Salt Lake City
Records relating to an investigation performed by Detective Dan Child “as referenced in an email dated June 12, 2017 at 8:15 a.m. from AG ICAC agent Alan White.” Order of Continuance
19-42 Yassine Ibrahim vs.
Unified Police Department of Greater Salt Lake City
Salt Lake County Jail medical records, jail records, and booking records concerning an individual. Order of Continuance
19-43 Patrick Sullivan vs.
Utah Department of Corrections
Pictures of Talon Hamann (an inmate) from 2012 to present; Initial contact reports, incident reports, IR-1, IR-2, and Narratives for Mr. Hamann; All “c-notes” for Mr. Hamann; and All Offender History Reports for Mr. Hamann from 2012 to present. Appeal Partially Granted
19-44 Steven Onysko vs.
Utah Attorney General's Office
Call records from April 1, 2018 through June 30, 2018 for a cellphone assigned to the former Civil Chief Deputy of the AG’s Office. Appeal Denied
19-45 Courtney Tanner vs.
West Valley City
  Order of Continuance
19-46 Riley Booker vs.
Davis County
Video and audio recordings from the booking room of the Davis County Jail Buildingon July 16, 2019. Appeal Granted
20-01 Tiffany Gilman vs.
Utah Department of Corrections
Any records that could be released for research regarding Theodore “Ted” Bundy regarding his time as an inmate at the Utah State Prison. Appeal Granted
20-02 Patrick Sullivan vs.
Utah Department of Corrections
A new policy FD20 for the privilege level system (privilege level matrix) … a copy of the policy itself … along with new matrix guideline. … [and] emails, correspondence, memorandums and letters regarding this new policy, specifically explaining or dealing with why the new policy has yet to take effect. Order of Continuance
20-03 Andrew Gulliford vs.
San Juan County Commissioners
  Order of Continuance
20-04 Garfield County's Taxpayer Association vs.
Utah Tax Commission
Copies of the records which were used to calculate Garfield County’s statistics as presented in the 2019 Assessment/Sales Ratio Study. Such records would include the 33 residential and 46 vacant land surveys which were returned to, collected by and used by the Property Tax Division in the calculations…
Pins of the 79 properties and copies of all correspondence between the Property Tax Division and the Garfield County Tax Assessor’s office relating to the 2019 Assessment/Sales Ratio Study, including email, spreadsheets, forms, or written requests.
Appeal Granted
20-05 Cathryn Raphael Cordray vs.
Seven County Infrastructure Coalition
Records relating to the Uinta Basin Railroad Project. Request Denied
20-06 Center for Biological Diversity vs.
Seven County Infrastructure Coalition
Communications between Respondent and the Utah Department of Transportation and/or TYR Energy containing specific phrases of the Uinta Basin Railway Project, as well as a fee waiver. Appeal Granted
20-07 Mike Favero vs.
Logan City School District
Any and all legal expenses” the District had paid, which legal firms had been paid, how many hours were billed, and “any other information you have in regards to any legal expenses. Appeal Granted
20-08 Paul Amann vs.
Unified Police Department of Greater Salt Lake
A computer hard drive in the possession of Respondent. Order of Continuance
20-09 Paul Amann vs.
Unified Police Department of Greater Salt Lake
Records of communications regarding a specified report of Respondent and all records or communications to and from the Utah Attorney General’s Office (“AG’s Office”) regarding the report. Appeal Granted
20-10 Paul Amann vs.
Unified Police Department of Greater Salt Lake
A computer hard drive in the possession of Respondent. Order of Continuance
20-11 Patrick Sullivan vs.
Utah Department of Corrections
Records allegedly held by Respondent, the Utah Department of Corrections. Appeal Partially Granted
20-12 Ai-Ning Hsu vs.
Utah Division of Child and Family Services
Records related to specific cases regarding Protective Supervision Services and Foster Care, and a fee waiver. Appeal Granted
20-13 Raymond Fitzgerald vs.
Utah Division of Consumer Protection
Records relating to a Complaint that was filed against Day Pacer, LLC including an unredacted copy of the Complaint. Appeal Denied
20-14 John G. Bloom vs.
Utah Division of Oil, Gas, and Mining
Two reports: (1) The May 2008 “Western Energy Hub Project Area, Structural Interpretation” prepared by Serra GeoConsulting LLC for Magnum Energy LLC; and (2) The August 2016 “Location and Character of Faults in the Vicinity of the Magnum Energy Facility” by author Steven Schamel. Appeal Denied
20-15 Kent Singleton vs.
Riverdale City
Copies of the policies and procedures for operating a business in the Riverdale Senior Center (“Center”) and the contract between the Center and the Newsletter Advertisement Agency from 2016 to 2019. Appeal Denied
20-16 Eric Peterson vs.
Utah Department of Natural Resources
Expenditure reports from Big Game Forever from 2015 to the present and any conflict of interest statements filed by Big Game Forever since the organization began receiving Utah state funds. Appeal Granted
20-17 Patrick Sullivan vs.
Utah Department of Corrections
Records relating to emails sent and received by certain Correctional Facility employees during a specified time frame. Appeal Granted
20-18 Cody Young vs.
Juab County
Records relating to petitioner's arrest and/or incarceration. Appeal Denied
20-19 Chad Bennion vs.
Utah Attorney General's Office
Records regarding “costs, fees, charges, payments, etc.,” “time, costs, or billable hours,” “litigation costs, expenditures, payments” and “request[s] to confer or for consultation” related to Senate Bill 54 Elections Amendments (2014 Sessions) (“SB54”). Appeal Denied
20-20 Corbin Volluz vs.
Brigham Young University
  Order of Continuance
20-21 Scott Gollaher vs.
Morgan County
Any and all records/documents from January 1, 2008 through the date of response to this request for claims or lawsuits which resulted in a payout of $1,000 or more against the Morgan County Sheriff’s Office. Appeal Granted
20-22 Corbin Volluz vs.
Brigham Young University
Records related to a specific police investigation undertaken by Respondent. Appeal Denied
20-23 Jill McKlusky vs.
University of Utah
All student counseling records regarding Lauren McCluskey, including but not limited to records from the University Counseling Center and the Psychology and Wellness service. Also, any other records that might indicate who had accessed Lauren McCluskey’s counselling records. Appeal Granted
20-24 Mark Gajkowski vs.
Utah State Tax Commission
All investigation documents, officer notes, and reports regarding a specific investigation case. Appeal Denied
20-25 Sheila Canavan Local referendum petition signature packets with redactions made for birth dates of signatories. Appeal Granted
20-26 Daniel Movahhed vs.
Salt Lake County Sheriff's Office
  Order of Continuance
20-27 Kent Singleton vs.
Weber Human Services
Personal and business cell phone texts, emails, conversations, trainings/meetings/minutes, notes and data of any communications concerning accusations made that the petitioner and Jeff Glum inappropriately used Riverdale Senior Center computers in 2019. Appeal Denied
20-28 Charles Bascomb vs.
Utah Department of Corrections
Documents related to Mr. Bascomb’s incarceration in the Draper and Gunnison corrections facilities. Appeal Denied
20-29 Patrick Sullivan vs.
Utah Department of Corrections
  Order of Continuance
20-30 Danial Movahhed vs.
Salt Lake County
Documentation regarding the justification to continue petitioner's housing assignment in administrative segregation and the associated reviews. Appeal Denied
20-31 Trevor Lee vs.
Utah Department of Corrections
Various records and communications, most of which related to Patrick Sullivan. Mr. Lee also requested a fee waiver because Mr. Sullivan is the subject of the records and is impecunious. Appeal Partially Granted
20-32 Blake Johnson vs.
Judicial Conduct Commission
All documents, decisions, findings, conclusions, etc. related to the investigation into Honorable Thomas L. Kay and his conduct regarding Roush vs. Greene’s Inc., Case No. 160700091. Trial took place September 25-26, 2017. The conduct investigated occurred at the Post Trial Hearing that took place on January 19, 201 Appeal Dismissed
20-33 Wasatch Taxpayer Association vs.
Wasatch County School District
Records related to the “Bio-West Wetlands Delineation Report” prepared for Respondent related to a proposed new high school in Wasatch County. Appeal Granted
20-34 Patrick Sullivan vs.
Utah Department of Corrections
  Order of Continuance
20-35 Brady Eames vs.
Utah Local Government's Trust
Accounting records and records regarding a specific individual’s employment with ULGT over a period of 17.5 years. Appeal Denied
20-36 Brady Eames vs.
Logan City
Written reports documenting any and all deposits and investments made by the Public Treasurer of Respondent with the State Money Management Council from 2010 through 2020. Mr. Eames also requested a fee waiver for inspection of the written reports. Appeal Granted
20-37 Sue Steel and Roni Wilcox vs.
Utah Department of Corrections
All e-mail sent or received by Corrections’ employees regarding Petitioners from September 1, 2019 to the present. Appeal Denied
20-38 Center for Biological Diversity vs.
Department of Workforce Services
Rrecords related to the Uinta Basin Railway including its funding and communications by the Community Impact Fund Board. Petitioner also requested a fee waiver Appeal Granted
20-39 Salt Lake Legal Defenders Association vs.
Utah Department of Public Safety
Records relating to the Intoxilyzer 8000 used by the Utah Highway Patrol. Appeal Denied
20-40 Center for Biological Diversity vs.
Department of Workforce Services
  Order of Continuance
20-41 Paul Richins vs.
Davis County
All “tangible” and “intangible” records related to Respondent’s valuation of his real property. Appeal Denied
20-42 Larry Agee vs.
Utah Department of Corrections
Employee misconduct record concerning a specific employee for Corrections from 2012 to 2019. Appeal Denied
20-43 KSL-TV vs.
Utah Department of Health
All complaints regarding nursing homes from Feb. 1, 2020 to current date for the purpose of obtaining information on how nursing homes are handling COVID and notifying residents’ families. Appeal Granted
20-44 Steven Onysko vs.
Emigration Improvement District
All records and documents relating to lead in, including but not limited to, lead contamination of, public drinking water in Emigration Improvement District. Appeal Denied
20-45 Mike Favero vs.
Logan City School District
All emails and text messages exchanged to and or from Superintendent Frank Schofield, Principal Ken Auld and Board member Ann Geary on Logan City Schools Districts computers or cell phones. Appeal Partially Granter
20-46 Raphael Cordray vs.
Utah Inland Port Authority
Emails, correspondence, other paper or electronic records, maps, memos, reports, photographs, depictions, and graphs containing referencing or referring to any electronic meeting, policy, plan or discussion that was had…zoom room, virtual meetings, and online meetings” during a specific time frame. Also requested records created or distributed for the purpose of facilitating an electronic meeting. Appeal Granted
20-47 Brady Eames vs.
Utah Local Governments Trust
Records related to ULGT Board meetings held on August 25, 2017 and October 27, 2017. Appeal Denied
20-48 KSL-5 News vs.
Layton City Police Department
A copy of the 911 phone call from Ethan Hunsaker made on May 26, 2020. The record is related to the death of Ashlyn Black. Appeal Denied
20-49 Nicole Noren, ESPN vs.
University of Utah
Copies of records held by Respondent relating to the murder of University of Utah student Lauren McCluskey. Appeal Granted
20-50 Leo Holtz vs.
Utah State Treasurer's Office
Public records of the Surplus / Excess Funds list (7 years of data) from tax foreclosure sale auctions conducted by counties, whose unclaimed surplus funds have been transferred to and held by the Utah State Treasury. Appeal Denied
20-51 Alexander Cramer vs.
Summit County
  Order of Continuance
20-52 Ozwald Balfour vs.
Utah Department of Corrections
Entries in Correction's Offender History Report made after 04/21/2016 to present. Order of Continuance
20-53 Brady Eames vs.
Utah League of Cities and Towns
Any and all documentation of any rules of order and procedure with respect to the open and public meetings convened by the Respondent’s Board of Directors or any other public body of Respondent. Appeal Denied
20-54 Steven Onysko vs.
Utah Department of Environmental Quality, Division of Drinking Water
All records and documents related to lead contamination in public drinking water from the Emigration Improvement District. Appeal Denied
20-55 Center for Biological Diversity vs.
Seven County Infrastructure Coalition
Records related to the Uinta Basin Railway Project including memoranda, studies, findings, and minutes. Appeal Denied
20-56 Brady Eames vs.
Utah State Treasurer
Written reports documenting any and all deposits and investments made by the State Treasurer as filed with the State Money Management Council on or before January 31st and July 31st of 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, and 2019. Also, written reports filed by the State Treasurer with the State Money Management Council which include: (1) The amount of public funds in the possession or control of the State Treasurer; (2) The details of the nature and extent of the deposit and investment of such public funds; and (3) The details of the rate of return on each deposit or investment of such public funds. Appeal Denied
20-57 Brady Eames vs.
Utah State Treasurer
Financial institution records pertaining to the transfer of citizens tax money to the Public Treasurer’s Investment Fund from the following institutes of higher education: Utah State University, the University of Utah, Weber State University, Southern Utah University, Snow College, Dixie State University, Utah Valley University, and Salt Lake Community College. Also all FINET records and investment income pertaining to the transfer of citizens tax money to the PTIF from the above named institutes of higher education. Appeal Denied
20-58 J. Robert Latham vs.
Utah Department of Human Services
The Office of Quality and design’s source material for specific statements contained in its 2018 and 2019 Southwest Qualitative Case Review (“QCR”) reports. Appeal Denied
20-59 Steven Onysko vs.
Utah Attorney General's Office
All records and documentation relating to alteration, changes, reprogramming, deactivation, or other conduct with respect to a former Civil Deputy’s building access cards. Appeal Denied
20-60 Steven Onysko vs.
Attorney General's Office
All records and documentation relating to State agents’, including but not limited to Office of Attorney General’s agents’, unsuccessful and successful contact of the former Civil Deputy, any time commenting April 6, 2018 (her purported separation date from State service) for purpose of the State, including any of its OAG or other agents, making injury or other communication vis-à-vis the State building access card, cellphone and computer laptop still in the former Civil Chief Deputy’s possession or control through the purported May 22, 2018, theft of this property, reported in Unified Police Greater Salt Lake report. Appeal Granted
20-61 Sam Stecklow vs.
Utah Division of Purchasing and General Services
Copies of the applications, all documents, all addendums, and any amendments made to the applications for all medical cannabis cultivators and pharmacies that have been granted a license from the State to operate and the criteria by which the applications were scored, and the scoring documentation for each application that was awarded a license. Order of Continuance
20-62 Alexander Cramer vs.
Summit County
Petitioner, on behalf of The Park Record, requested correspondence between April 13, 2020 and May 1, 2020 regarding Respondent’s Joint Public Health Order 2020-05 issued on April 30, 2020, and a fee waiver for said records. Appeal Granted

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