State Records Committee Appeal Decision 25-14
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
ADAM HERBETS (Fox 13) Petitioner, v.
WASATCH COUNTY SHERIFF, Respondent,
DECISION AND ORDER
Case No. 25-14
By this appeal, Adam Herbets ("Petitioner"), requests records allegedly held by Wasatch County Sheriff ("WCSO") ("Respondent").
FACTS
On July 26, 2024, Petitioner submitted a request to the Respondent for certain records pursuant to the Government Records Access and Management Act ("GRAMA"). Specifically, Petitioner requested:
1. Copies of all complaints filed against Mitch McKee.
2. Copies of all disciplinary records for Mitch McKee -- including but not limited to verbal warnings, written warnings, verbal reprimands, written reprimands, letter, coaching and counseling sessions, suspension with pay, suspension without pay, termination, etc.
3. Copies of all resignation records for Mitch McKee.
4. Copies of all complaints filed against Josh Probst.
5. Copies of all disciplinary records for Josh Probst - including but not limited to verbal warnings, written warnings, verbal reprimands, written reprimands, letter, coaching and counseling sessions, suspension with pay, suspension without pay, termination, etc.
Respondent failed to answer Mr. Herbet’s request. According to Utah Code 63G-2-204(9) "If a governmental entity fails to provide the requested records or issue a denial within the specified time period, that failure is considered the equivalent of a determination denying access to the record." Petitioner filed an appeal of the denial to Respondent's chief administrative officer ("CAO") on August 6, 2024. WCSO did not respond within five business days as required by Utah Code 63G-2-401(5)(a)(i)(B).
On August 22, 2024, Wasatch County Manager Dustin Grabau responded to the CAO appeal and granted in part, denied in part, or has no responsive records. There were no responsive records for request #'s 1, 4, and 5. With regard to requests #2 and 3, the requests were denied as the records are classified as "Private" pursuant to Utah Code 63G-2-302(2)(a) (records concerning a current or former employee), and "Protected" pursuant to Utah Code 63G-2-305(17) (attorney client privilege). Mr. Grabau's response to the CAO appeal on August 22, 2024, included information on how to file a second CAO appeal. It also included information on how to appeal to the State Records Committee ("Committee"). In a continued effort to seek transparency -- and to comply with the instructions in Grabau's email -- Petitioner filed a second CAO appeal on August 22, 2024. On September 13, 2024, Mr. Grabau responded "I apologize for not responding sooner. I don’t have any information to add beyond what I provided in my August 22nd email."
Petitioner appealed the CAO's decision to the State Records Committee. Parties are working towards a resolution and request that this matter be continued. On February 20, 2025, the Committee held a hearing where the committee granted the request to continue this hearing.
ORDER
THEREFORE, in accordance with our Decision, this matter is continued.
Entered this 3 day of March 2025.
BY THE STATE RECORDS COMMITTEE
Linda Peterson
Chair pro tem, Utah State Records Committee
Committee members, Dubovik, N., Biehler, E., Sheeran, T., Peterson, L., Stringham, H., and Marshall, J. voted in favor of and joined in this Decision and Order.