Government Records Office Appeal Decision 2024-194

BEFORE THE GOVERNMENT RECORDS OFFICE OF THE STATE OF UTAH

MICHAEL CLARA, Petitioner, v.

LIEUTENANT GOVERNOR’S OFFICE, Respondent.

DECISION AND ORDER

Appeal No. 2024-194

By this appeal, Petitioner, Michael Clara, seeks access to records allegedly held by Respondent, the Lieutenant Governor’s Office.

BACKGROUND

On October 7, 2024, Mr. Clara submitted a records request under the Government Records Access and Management Act (“GRAMA”) to the Lieutenant Governor’s Office (“Office”). Mr. Clara requested the “list of names…that were initially classified as unreviewed on the Spencer Cox 2024 Signature list.” In an email dated October 18, 2024, Collin Tanner, Public Records Specialist for the Office, stated that the Office is “not the custodian of any records pertaining to signers initially classified as unreviewed on the Spencer Cox Nomination Petitions for 2024.” In response, Mr. Clara filed an appeal on October 23, 2024, with the Chief Administrative Officer for GRAMA Appeals for the Office, Brody Bailey, disputing the assertion that the Office was not the custodian of the records. Mr. Bailey responded on November 4, 2024, stating the Office does not have a responsive record, and that pursuant to Utah Code § 63G-2-201(7)(a)(i), the Office is not required to create a record.

Mr. Clara filed an appeal with the State Records Committee. Pursuant to Utah Code § 63A-12-203(7) effective May 7, 2025, Mr. Clara’s appeal was transferred to the Government Records Office. On October 7, 2025, Lonny J. Pehrson, the Director of the Government Records Office, recused himself from the present case based upon his tenure as Government Records Counsel with the Attorney General’s Office, and pursuant to Utah Code § 63A-12-203(2)(c), appointed Micah Vorwaller to be his designee (“Director Designee”). On October 10, 2025, the Director Designee held a public hearing at which the parties presented evidence and arguments. After having carefully considered the parties’ presentations, the Director Designee 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.

2. In response to a request for a record, GRAMA does not require a governmental entity to create a record. Utah Code § 63G-2-201(7)(a)(i).

3. Records created or maintained for civil, criminal, or administrative enforcement purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, are protected records if properly classified by the governmental entity, if release of the records reasonably could be expected to interfere with investigations undertaken for enforcement, discipline, licensing, certification, or registration purposed. Utah Code § 63G-2-305(10)(a).

4. Counsel for the Office argued that “there is no list of the signers of the excess, uncounted, unverified signature packets from the Spencer Cox 2024 campaign” and therefore, there is “no responsive record to provide to Mr. Clara in response to his GRAMA requests.” Counsel stated that since the list of names initially classified as unreviewed does not exist, GRAMA does not require the Office to create a record in response to a records request pursuant to Utah Code § 63G-2-201(7)(a)(i).

5. Regarding unreviewed uncounted signature packets from the Spencer Cox 2024 campaign, Counsel for the Office stated that “certain of the unreviewed uncounted signature packets from the Cox campaign were delivered to the Attorney General’s office for investigation regarding potentially fraudulent signatures.” Counsel for the Office further stated that those packets “remain in the custody of the Attorney General and therefore could not be made to create a list of the signers.” Counsel stated during the hearing that the investigation of these packets by the Attorney General’s Office is still ongoing and has not concluded.

6. After having reviewed the arguments of the parties, the Director Designee finds that the Office was not required to create records in response to Mr. Clara’s records request pursuant to Utah Code § 63G-2-201(7)(a)(i). The Director Designee further finds that the unreviewed uncounted signature packets from the Spencer Cox 2024 campaign in the possession of the Attorney General’s Office, were properly classified as protected non-public records pursuant to Utah Code § 63G-2-305(10)(a). Accordingly, there is no requirement of the Office to provide those records to Mr. Clara at this time.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Petitioner, Michael Clara, is DENIED.

RIGHT TO APPEAL

A party to this proceeding may seek review of the Director Designee’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 Designee, 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.

Entered this 22 day of October 2025.

BY THE GOVERNMENT RECORDS OFFICE

_______________________________________
MICAH VORWALLER, Director Designee