State Records Committee Annual Report

January – December 2013

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Participants Decision Number

ArchivesCase No.

FindingBy SRC

Summary of Appeal Appeal Status

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Albert Cramer vs. Bd. Of Pardons and Third District Court

2013-01 Appeal incomplete.

Mr. Cramer appealed the lack of response from the Board of Pardons and Third District Court. He requested and was sent a current copy of the Government Records Access and Management Act (GRAMA).

Louis Malek vs. Utah Department of Corrections

2013-02 AppealIncomplete and untimely.

Mr. Malek appealed the denial of records relating to his housing assignments at the prison. The appeal to the SRC was untimely and incomplete.

William Strong vs. Eccles Health Sciences Library, University of Utah

2013-03 Appeal resolved prior to hearing.

Mr. Strong appealed the denial of a library patron’s usage of document delivery service at the Eccles Health Sciences Library. The appeal was resolved by the Ombudsman.

Kerry Smith vs. Department of Human Services

2013-04 Appeal resolved prior to hearing.

Mr. Smith appealed the partial denial of records related to a Division of Child and Family Services activity report. The appeal was resolved by the Ombudsman.

Matt Killough vs. Utah Department of Corrections (UDC)

2013-05 No responsive records.

Mr. Killough requested records from UDC of an incident during a surgical procedure that requires him to be tested for H.I.V. The records are maintained by a private clinic. Corrections had no responsive records.

Matt Killough vs. Board of Pardons &

2013-06 Appeal incomplete.

Mr. Killough appealed the lack of response to GRAMA requests to the

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Parole Board of Pardons & Parole. He was sent the forms required by the board and available on their website.

Harshad Desai vs. Utah State Tax Commission

13-03 2013-07 Appeal dismissed at hearing.

Mr. Desai appealed the partial denial of audits of businesses in Garfield County since 2000. The Tax Commission audits had been made available to him through the Garfield County Attorney. He already had the requested records.

Eric Peterson, City Weekly vs. Governor’s Office of Management and Budget

2013-08 Appealresolved prior to hearing.

Mr. Peterson appealed the partial denial of records related to the Request for Information (RFI) submissions received by the Prison Relocation and Development Authority (PRADA) committee. The appeal was resolved by the Ombudsman.

Larry Hartlerode vs. Unified Fire Authority of Greater Salt Lake

13-04 2013-09 Appeal partially granted.

Mr. Hartlerode appealed the partial denial of records pertaining to complaints against his property. He also requested the names of firemen who entered his property and a copy of an investigation report. The name of the complainant and the available firefighters’ names were released. Other records were not provided because they were not maintained by the governmental entity.

Rocky Mountain Innocence Center

2013-10 Appeal incomplete.

RMIC on behalf of Bruce Dallas Goodman appealed the denial of copies of

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(RMIC) vs. Beaver County Sheriff

all records related to the murder of Sherry Ann Fales Williams and the subsequent prosecution of Mr. Goodman. RMIC had not appealed the denial to the Beaver County Commission, the designated appeal authority, so the appeal to the SRC was incomplete.

Ben Hancock vs. Salt Lake City Corporation

2013-11 Appeal resolved prior to hearing.

Mr. Hancock appealed the partial denial of email correspondence between Jeff Niermeyer, Director of Public Utilities, and attorneys acting as lobbyists for SB 109, a bill concerning water change applications and the authority of the state engineer. The appeal was resolved by the Ombudsman.

Gregory Emmanuel Williams vs. Utah Department of Corrections (UDC)

2013-12 Appeal incomplete.

Mr. Williams appealed the denial of a copy of a suspension notice from school programs and public shared areas at the prison. The appeal was incomplete and untimely.

Phillip Leishman vs. Utah department of Corrections (UDC)

13-05 2013-13 Appeal denied.

Mr. Leishman appealed the denial of security clearances granted to another inmate for religious services. UDC denied the records as private pursuant to Utah Code 63G-2-302(2)(d). The SRC upheld the records classification as cited.

Reginald Williams vs. Utah Department of

13-07 2013-14 Appeal denied.

Mr. Williams appealed the denial of Peace Officer Standards and Training

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Corrections (UDC) (POST) records for seven former and current UDC employees. UDC denied the records as protected pursuant to Utah Code 63G-2-305(11) & (13). The SRC upheld the classification of the records as cited.

Derek Butler vs. Utah Highway Patrol (UHP)

2013-15 Appeal incomplete.

Mr. Butler appealed the partial denial of an accident report, photos, recordings, email messages, and notes related to an automobile accident. The appeal to the SRC was incomplete. The petitioner was sent copies of rules and laws governing appeals to the SRC.

Gregory Emmanuel Williams vs. Executive Secretary of the State Records Committee

2013-16 No hearing scheduled.

Mr. Williams appealed the failure of the Executive Secretary to schedule a hearing to appeal records denied to him by UDC. The records included two disciplinary reports that he alleged included false information.

Case No. 130901187Appealed to District Court by petitioner. Failure to name proper parties. Dismissed.

Carl Dinger vs. Utah Transit Authority

2013-17 Untimely appeal, no

Mr. Dinger appealed the partial denial of a report: “Cottonwood Heights

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jurisdiction. Investigation of Utah Transit Police Department.” This appeal was for information redacted from the records released after the 2012-03 SRC order. The appeal was untimely and the SRC has no jurisdiction over the issue.

Jay Hart, Yahoo Sports vs. University of Utah

2013-18 Appeal resolved prior to hearing.

Mr. Hart appealed the denial of records related to the investigation of allegations against University of Utah swimming coach Greg Winslow. The appeal was resolved prior to the hearing.

Harshad Desai vs. Utah State Office of Education (USOE)

2013-19 Appeal resolved prior to hearing.

Mr. Desai appealed the denial of an affirmative action report EEO-4. The Office of Education responded that it did not maintain employment records for individual school districts in Utah and referred Mr. Desai to Garfield County School District. The appeal was resolved by the Ombudsman.

Roger Stephenson vs. Alpine School District

2013-20 Appeal resolved

Mr. Stephenson appealed the denial of records related to his own and possibly

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prior to hearing.

others’ abuse at the hands of a former teacher at Alpine School District. The appeal was resolved by the Ombudsman.

Tracy Taylor, Wasatch Taxpayers Association vs. Wasatch School District

2013-21 Appeal resolved prior to hearing.

Ms. Taylor appealed the denial of the full unabridged 2014 budget for the district and the basic teacher contract with all terms and conditions. The appeal was resolved by the Ombudsman.

Eddie M. Underwood vs. Ogden City Police Department

2013-22 No jurisdiction.

Mr. Underwood appealed the denial of investigative records, eyewitness statements, and supplemental police reports in connection with his 1985 homicide case. Ogden City, pursuant to Utah Code 63G-2-701, has adopted a separate ordinance and the State Records Committee has no jurisdiction.

Miguel Contreras Perez vs. Utah Department of Human Services (DHS), Division of Child and Family Services (DCFS)

2013-23 Appeal resolved prior to hearing.

Mr. Perez, through the Colorado Public Defenders’ Office, requested personal records from DFCS including all psychosocial evaluations, intake assessments, treatment plans, therapeutic progress reports, and student education records to help Mr. Perez avoid the death penalty in a first degree murder conviction. The appeal was resolved by the Ombudsman.

Wendy Romero vs. Utah Department of

2013-24 Appeal Incomplete.

Ms. Romero appealed the denial of case files related to administrative hearings on

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Human Services (DHS), Office of Administrative Hearings

a child custody case. The appeal, sent to Human Services by the petitioner was forwarded to the SRC. The appeal was incomplete. Instructions for an appeal to the SRC were sent to the petitioner, but no response was received.

Colleen Schulte vs. Summit County Attorney’s Office

13-12 2013-25 Appeal denied.

Ms. Schulte appealed the partial denial of communications including emails, texts, or messages between the Summit County Attorney’s Office and Dean Schulte. The SRC upheld the denial of the records by Summit County as protected pursuant to Utah Code 63G-2-305(18).

Eric Peterson, City Weekly vs. Utah Attorney General’s Office

13-06, continuance 13-08,continuance 13-13 Order

2013-26 Appeal partially granted.

Mr. Peterson appealed the denial of records related to the Whitewater VII development investigation including emails, documents, text messages, and other correspondence between employees in the AG’s Office and specified individuals related to the investigation. The SRC denied a group of the emails as protected pursuant to Utah Code 63G-2-305(10)(a) and released most of them as public.

Corey Vonberg vs. Iron 13-11 2013-27 Appeal Mr. Vonberg appealed the denial of a

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County Sheriff denied. copy of the procedures the Iron County Sheriff is required to follow in investigating a child sex offense requiring a Children’s Justice Center Interview in 2003. The Iron County Sheriff’s Office did not have a written policy such as was requested.

Clara Fernanda Ruiz vs. Department of Administrative Services

13-09 2013-28 Appeal denied.

A representative for Ms. Ruiz appealed the denial of an incident report, witness statements, and photos from the Division of Risk Management investigation of an accident involving Ms. Ruiz on December 13, 2011. The SRC upheld the classification of the records as protected pursuant to Utah Code 63G-2-305(18) and (24).

Michaela Andruzzi vs. Salt Lake County

2013-29 Appeal dismissed for lack of jurisdiction.

Ms. Andruzzi requested records related to an employment discrimination claim against the District Attorney’s Office. Salt Lake County adopted a separate ordinance pursuant to Utah Code 63G-2-701. The SRC has no jurisdiction over the requested records.

LuAnn Justesen vs. Iron County Sheriff

2013-30 Appeal resolved prior to hearing.

Ms. Justesen requested a copy of a recording of a telephone call she made to an emergency dispatcher. The appeal was resolved by the Ombudsman.

Robert Gehrke, Salt 13-10 2013-31 Appeal Mr. Gehrke requested copies of

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Lake Tribune vs. Utah Attorney General’s Office

granted. subpoenas received by the Attorney General’s Office from federal investigators as well as copies of documents provided in response. The SRC ordered the release of the requested records.

John Robson, Salt Lake School District vs. State Auditor’s Office

2013-32 Hearing scheduled for February 2014.

Mr. Robson requested copies of complaints about the school district received by the auditor’s office.

Morgan Fife vs. City of Orem

13-14 2013-33 Appeal denied.

Mr. Fife requested all documents related to an RFP prepared by Orem City dated April 14, 2013. Orem City has a separate ordinance pursuant to Utah Code 63G-2-701, and the committee has no jurisdiction. However, the parties asked the committee to hear the appeal. The SRC supported the city’s classification of the records as protected pursuant to Utah Code 63G-2-305(2); and determined that the requirements of Utah Code 63G-2-309(1) to give sufficient notice of claims of confidentiality had been met.

Appealed by petitioner to District Court.

Damon Crist vs. Utah Department of Corrections (UDC)

2013-34 Appeal resolved.

Mr. Crist requested a copy of his Utah Driver’s License. The appeal was resolved by the Ombudsman.

Mark Shenefelt, Standard Examiner vs.

13-16 2013-35 Appeal partially

Mr. Shenefelt requested a police report and associated documents for an incident

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Willard City granted. occurring in Willard on June 27, 2013. The SRC ordered the initial contact report information released. The remainder of the investigative file was denied pursuant to Utah code 63G-2-305(10).

Jimmy Guard vs. Utah Department of Corrections (UDC)

2013-36 Appeal incomplete.

Mr. Guard requested his inmate phone list. The appeal to the SRC was incomplete.

Neal Stacey Millet vs. Washington City

2013-37 Appeal resolved prior to hearing.

Mr. Millet requested a police report and supplemental records relating to a search warrant served on his home. The appeal was resolved by the Ombudsman.

Roger Bryner vs. Cottonwood Heights

13-15, continuance13-19

2013-38 Appeal partially granted partially denied.

Mr. Bryner requested records regarding GRAMA requests received by the Cottonwood Heights Police Department including fees charged and redactions made. He requested emails and communications regarding his requests for records and a waiver of fees. The SRC ordered that Mr. Bryner be given access to certain records with the non-public information redacted and approved a fee of the actual cost of the redaction. A part of the request was denied as the city presented credible evidence to the SRC that it did not possess responsive records.

Constable J. Scott Stowers vs. Tax

2013-39 Appeal resolved

Constable Stowers requested direct access to the Division of Motor Vehicle records.

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Commission, Department of Motor Vehicles

prior to hearing.

The appeal was resolved prior to the hearing.

Nate Carlisle, Salt Lake Tribune vs. Roy City

2013-40 Hearing scheduled for January 2014.

Mr. Carlisle requested records of an investigation into allegations against former Roy Police Chief Greg Whinham. The appeal was resolved by the Ombudsman.

Reginald Williams vs. Department of Workforce Services (DWS)

13-18 2013-41 Appeal partially granted.

Mr. Williams requested contracts for administering a specific federal grant and the first and last bank statements specific to the financial institution administering the grant. DWS does not maintain the contracts and referred the petitioner to the State Treasurer’s Office. The SRC ordered release of the bank statements with redaction of account numbers.

Reginald Williams vs. Department of Heritage and Arts

2013-42 Hearing denied.

Mr. Williams requested a copy of the federal grant used to purchase computer equipment for the Reading for the Blind program at the Utah State Prison. Since state funds were used, a hearing was denied based on R35-2-2(2). Insufficient evidence was provided that the requested records exist. The hearing was denied.

Harshad Desai vs. Garfield County School District

2013-43 No jurisdiction.

Mr. Desai requested records of applicants, positions, employees and former employees of the school district. The

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Garfield School District adopted a separate ordinance pursuant to Utah Code 63G-2-701. The SRC has no jurisdiction.

Colleen Cory vs. Department of Human Services (DHS)

2013-44 Appeal incomplete and untimely.

Ms. Cory requested information related to a Division of Child and Family Services case involving her. The appeal was incomplete and untimely.

Damon Crist vs. Utah Department of Corrections (UDC)

13-17 2013-45 Appeal denied.

Mr. Crist requested disciplinary records for a doctor employed at the Utah State Prison. The SRC upheld the classification of the records as protected pursuant to Utah Code 63G-2-305(11) and (13).

William Sheratt vs. Utah Department of Corrections (UDC)

2013-46 Appeal incomplete.

Mr. Sheratt requested a log of legal mail sent and received from the Central Utah Correctional Facility. His appeal was incomplete.

Lee Davidson, Salt Lake Tribune vs. Utah State Tax Commission

2013-47 Hearing scheduled for February 2014.

Mr. Davidson requested communications about the development of the policy on whether same-sex couples married in other states could file joint returns in Utah.

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Summary of Hearing Statistics (appeals may be entered in more than one category)Requests for hearings: 47Hearings: 19Decision and Orders: 19Appeals Granted: 1Appeals Partially Granted: 5Appeals Denied: 7Hearings Denied Based on Previous Decision & Orders: 0Hearings Denied Bases on Insufficient Evidence that Records Exist: 1Appeals Withdrawn: 1Appeals Resolved Prior to or During Hearing: 11Appeals Dismissed at Hearing: 2Incomplete Information Provided: 11Untimely or Improper Procedure: 3No Jurisdiction: 4Decisions Appealed to District Court: 2Hearings postponed: 4Hearings continued: 3

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