State Records Committee Appeal Decision 25-13

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

FRED HAYES, Petitioner, v.

BOX ELDER COUNTY, Respondent,

DECISION AND ORDER

Case No. 25-13

By this appeal, Fred Hayes ("Petitioner"), requests records allegedly held by Box Elder County ("Respondent"). 

FACTS

On February 20, 2022, Petitioner submitted a request to the Respondent for certain records pursuant to the Government Records Access and Management Act ("GRAMA"). Petitioner was seeking "the case vote record for the November 2020 election." On February 18, 2022, Respondent denied Petitioner's GRAMA request based on "Utah Code 20a-1-102(3a), we consider the cast vote record to be cast ballots. Utah Code 20a-4-106(2) states the ballots may not be examined by anyone except when examined during a recount conducted under the authority of Section 20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project."

On March 16, 2022, Petitioner filed an appeal of the denial to Respondent’s chief administrative officer ("CAO"), Jeff Scott, who upheld the denial. Petitioner appealed the CAO’s decision to the State Records Committee ("Committee"). On January 30, 2025, the Committee held a hearing where the Respondent’s request for dismissal was addressed. There was a motion to dismiss the appeal, a second, and then a vote. It was unanimously decided that the appeal be dismissed.

ORDER

In accordance with our Decision, Petitioner's appeal is hereby DISMISSED

Entered this 10 day of February 2025.

BY THE STATE RECORDS COMMITTEE

Kenneth Williams
Chair Utah State Records Committee

Committee members, Ed Biehler, Logan Wilde, Todd Sheeran, Jeffrey Marshall, and Kendra Yates voted in favor of this Decision and Order.

enclosed: Right to Appeal
          Penalty Notice

 
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. Utah Code § 63G-2-404(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.

PENALTY NOTICE

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. Utah Code § 63G-2-403(15)(d)(i)(B). 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).