Government Records Office Decision and Order 2024-193

BEFORE THE GOVERNMENT RECORDS OFFICE OF THE STATE OF UTAH

PHILLIP LEISHMAN, Petitioner, v.

UTAH DEPARTMENT OF CORRECTIONS, Respondent,

DECISION AND ORDER

Appeal No. 2024-193

In this appeal, Petitioner, Phillip Leishman, a prison inmate, seeks access to records held by Respondent, the Utah Department of Corrections (“Corrections”).

BACKGROUND

On August 18, 2024, Mr. Leishman submitted a records request under the Government Records Access and Management Act (“GRAMA”) for records related to the termination of his inmate job. Mr. Leishman claimed that he was fired from his job in July 2023 after being the subject of a Law Enforcement Bureau (“LEB”) investigation. On the same day, Mr. Leishman submitted two additional records requests seeking an “inmate proposal” that would amend the S.O.L.I.D. (“Successful Offenders Learning Individual Development”) program structure and a copy of the I.I.A.C. (“Incarcerated Individual Advisory Committee”) policies and procedures. In a letter dated September 3, 2024, Corrections denied Mr. Leishman’s requests, finding that the records responsive to his first request were non-public pursuant to Utah Code §§ 63G-2-302(2)(d), -305(10)(a), -305(11), and -305(13); and that Corrections was not required to respond to the second or third request pursuant to Utah Code § 63G-2-201(9).

In a letter dated September 10, 2024, Mr. Leishman filed an appeal with Deputy Director Jared Garcia arguing that he was entitled to receive the requested records. Mr. Leishman’s appeal was granted in part by providing a copy of a “C-Note” relating to him but the appeal was denied in all other respects. Mr. Leishman then appealed to the State Records Committee.

Pursuant to Utah Code § 63A-12-203(7) effective May 7, 2025, Mr. Leishman’s appeal was transferred to the Government Records Office (“Office”). On September 4, 2025, the Director of the Office (“Director”) held a public hearing at which the parties presented evidence and arguments regarding the combined appeals. During the hearing, the Director reviewed in camera the LEB report dated August 29, 2023, identified as responsive to Mr. Leishman’s first request. Having carefully considered the parties’ presentations, the Director issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. GRAMA specifies that a “record is public unless otherwise expressly provided by statute.” Utah Code § 63G-2-201(2). Records that are designated as “private,” “protected,” or “controlled,” are not public. See Utah Code §§ 63G-2-201(3)(a), -302, -303, -304 and -305. Records to which access is restricted pursuant to a court rule, another state statute, federal statute, or federal regulation, are also considered non-public records under GRAMA pursuant to Utah Code § 63G-2-201(3)(b).

2. A governmental entity is not required to respond to, or provide a record in response to, a record request if the request is submitted by or on behalf of an individual who is confined in a jail or other correction facility unless the record contains a specific reference to the individual or is submitted by an attorney for that individual. Utah Code § 63G-2-201(9).

3. Records the disclosure of which would jeopardize the life or safety of an individual are protected records if properly classified by a governmental entity pursuant to Utah Code § 63G-2-305(11).

4. Records that if disclosed would jeopardize the security or safety of a correctional facility, or records related to incarceration, treatment, probation, or parole, that would interfere with the control and supervision of an offender’s incarceration, treatment, probation, or parole, are protected record if properly classified by governmental entity pursuant to Utah Code § 63G-2-305(13).

5. After reviewing in camera the LEB report dated August 29, 2023, the Director finds that it contains information that is properly classified as protected pursuant to Utah Code § 63G-2-305(11) & (13). However, because the report contains substantial information that Mr. Leishman is entitled to inspect, pursuant to Utah Code § 63G-2-308, Corrections was obligated to redact from the report any protected information and provide the redacted report to Mr. Leishman.

6. Regarding the additional records sought in Mr. Leishman’s second and third requests (the S.O.L.I.D. proposal and I.I.A.C policy), the Director finds that those records do not contain a specific reference to Mr. Leishman, and Corrections was not required to produce them pursuant to Utah Code § 63G-2-201(9).
 
ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Phillip Leishman, is GRANTED in PART, and DENIED in PART. Corrections shall provide to Petitioner a copy of the properly redacted LEB report.

RIGHT TO APPEAL

A party to this proceeding may seek review of the Director’s order or decision by filing a petition for judicial review in District Court as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review “shall be filed no later than 30 days” after the date of the order or decision pursuant to Utah Code § 63G-2-404(1)(a), except as provided in Utah Code § 63G-2-404(1)(b). The petition is a complaint governed by the Utah Rules of Civil Procedure and shall contain the required information listed in Subsection -404(2). Utah Code § 63G-2-404(2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Director, 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 its rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Director orders the governmental entity herein to produce a record and no appeal is filed, the governmental entity shall comply with the Order and shall: (1) produce the record; and (2) file a notice of compliance with the Director. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Director 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. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Director 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 15 day of September 2025.

BY THE GOVERNMENT RECORDS OFFICE

_______________________________________
LONNY J. PEHRSON, Director