State Records Committee Appeal Decision Summaries, 2016-2018

 

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Case Number Case Title/Participants Records Sought Ruling
16-01 Patrick Sullivan vs.
Utah Attorney General's Office
Records from the Attorney General's Office. Appeal was in regard to the delay in delivery. Appeal Denied
16-02 Jordanelle Special Services District vs.
Office of the Utah State Auditor
All documents and other records, including all communications between the Office … and any other person, that relate to the ‘Standstill Agreement.’Additionally, all documents and other records, including all communications, received from any person as part of the Utah State Auditor’s Audit of JSSD.

Appeal Denied

See also court case ruling

16-03 Chad Lambourne vs.
Provo City Police Department
Records in regards to a Driving Under the Influence (“DUI”) charge and arrest that occurred on July 6, 2015 for petitioner's client. Appeal Denied
See also court case ruling and summons
16-04 Axlen Marchet vs.
Utah Department of Public Safety, Bureau of Forensic Services
DNA test results from a Sexual Assault Evidence Kit (“SEAK”) that was collected in 2003. Appeal Denied
16-05 Annie Knox, Reporter for the Salt Lake Tribune vs.
University of Utah
Student disciplinary cases of violent or sexual crime from 2005 to 2015 that reached a final disposition wherein the student was found guilty. Appeal Denied
16-06 Michael Clára vs.
Salt Lake City School District
Records regarding repairs made to buses that were the subject of a recall, documents relating to the District’s relationship with Columbus Community Center, records pertaining to the District’s communications with the U.S. Department of Education’s Office for Civil Rights, records relating to certain statements made by the District Superintendent in a video interview with the Salt Lake Tribune, and records relating to the District’s RFP JB1541-LS for Professional Legal Services. Appeal Denied
16-07 Reginald Williams vs.
Utah Attorney General's Office
Employee Service History for eleven individuals. Appeal Partially Granted
16-08 Helen Redd, for and in behalf of Marc Jensen vs.
Utah Attorney General's Office
Any and all documents that would support representations of the Office of the Attorney General at the August 23rd 2011 hearing, Jan 30, 2012 letter to the Board of Pardons and Parole and on any other occasion where the AG office made statements that Marc Jensen paid no restitution in Case no. 051905391, (filed 3d Dist Utah). Appeal Granted
16-09 Edgar Frye vs.
Utah Department of Human Services, Division of Aging and Adult Services
All records of interviews, phone calls, etc, in the abuse case of petitioner's sister, of St. George, Utah. Appeal Denied
16-10 Patrick Sullivan vs.
Utah Attorney General's Office
"Any, and all, emailed sent and received" by a specific individual that mentioned Mr. Sullivan’s name, or specific case numbers within the subject and/or body of the messages between Jan. 1, 2012 to present. Order of Continuance
16-11 Roger Bryner vs.
Clearfield City
Meeting minutes or any other documents whatsoever showing the Mayor and/or City Counsel, either individually, separately, or through delegation, appointing either permanent or temporary Justice court Judges. Appeal Partly Granted
16-12 Utah Rivers Council vs.
Washington County Water Conservancy District
Records regarding the repayment plan presented by Applied Analysis on November 21, 2013, for the Lake Powell Pipeline Project. Order of Continuance
16-13 Bryan Thatcher vs.
Utah Department of Public Safety
All written reports, notes, recordings and/or videos of interviews and/or statements, and any other records held by DHRM regarding petitioner. This includes records, documents, notes, and statements from all parties with regard to any and all investigations conducted by internal affairs or professional standards of, or related to petitioner. Order of Continuance
16-14 Nate Carlisle, Salt Lake Tribune vs.
Utah Attorney General's Office
All documents related to any criminal investigations of Beaver County Sheriff Cameron Noel conducted in 2014 or 2015, including, but not necessarily limited to, police reports, witness statements, forensic reports, search warrant applications and returns, subpoenas and similar documents you may have received from other law enforcement agencies. Order of Continuance
16-15 Cody Black vs.
Lehi City Police Department
Hiring/promoting methods and results/score for each applicant for each hiring/promotion event in the date range 1/01/15-11/30/15 for the Lehi Police Department Positions: deputy chief, lieutenants, sergeants, corporals, patrol officers. Appeal Partially Granted
16-16 Roger Bryner vs.
Utah Department of Health
Petitioner's medical records from the Utah Department of Health, specifically un-redacted electronic copies, not printouts, and raw files including any file structure for the files, in a .zip file or on a DVD or CD or flash file system. Appeal Denied
16-17 Edgardo Mata vs.
Utah Department of Corrections
Petitioner's entire STG [security threat group] file, including the validation matrix and all information listed in FD 29-03.02.

Appeal Denied

See also court case ruling

16-18 Bryan Thatcher vs.
Utah Department of Public Safety
All written reports, notes, recordings and/or videos of interviews and/or statements, and any other records held by DHRM regarding petitioner. This includes records, documents, notes, and statements from all parties with regard to any and all investigations conducted by internal affairs or professional standards of, or related to petitioner. Appeal Partially Granted
16-19 Utah Rivers Council vs.
Washington County Water Conservancy District
Records regarding the repayment plan presented by Applied Analysis on November 21, 2013, for the Lake Powell Pipeline Project. Appeal Granted
16-20 Utah Legal Clinic vs.
Salt Lake City Corporation
Any and all emails sent or received by certain individuals since July 1, 2013, referencing Trenton Mellen and/or specific court case numbers. Order of Continuance
16-21 Nate Carlisle, Salt Lake Tribune vs.
Utah Attorney General's Office
All documents related to any criminal investigations of Beaver County Sheriff Cameron Noel conducted in 2014 or 2015, including, but not necessarily limited to, police reports, witness statements, forensic reports, search warrant applications and returns, subpoenas and similar documents you may have received from other law enforcement agencies. Appeal Partially Granted
16-22 Patrick Sullivan vs.
University of Utah, Medical Center
  Order of Continuance
16-23 Utah Legal Clinic vs.
Salt Lake City Corporation
Any and all emails sent or received by certain individuals since July 1, 2013, referencing Trenton Mellen and/or specific court case numbers.

Appeal Denied

See also court case ruling

16-24 Mark Allen vs.
Utah County Commission
Information concerning an end-of-year employee party held December 2015, including names of invitees, attendees, and emails that were sent. Appeal Granted
16-25 Daniel Ortiz vs.
Utah Department of Corrections
Incident Reports, including contacts, Narratives and Supplemental on petitioner's Record File, and on O-Track. Appeal Denied
16-26 Roger Bryner vs.
Utah Department of Health
Copies of the results of all blood alcohol tests performed in 2015 from the Utah Department of Health. Appeal Partially Granted
16-27 Roger Bryner vs.
Utah Department of Technology Services

1. All design or specification documents for the Department of Health relational databases which store blood alcohol levels obtained from GC testing, any billing documents between departments, and any other records which would tend to specify the type of database used to query capabilities on that database.

2. The electronic records, including SQL query and SQL text used to conduct the query, from the relational database of the results of all blood alcohol tests performed in 2015, not including names of persons.
3. The electronic records, including SQL query, from the relational database of the results of all blood alcohol tests performed in 2016 for petitioner.

Appeal Denied
16-28 Patrick Sullivan vs.
University of Utah Medical Center
Emails sent and received by various health providers where Mr. Sullivan was the subject; and various medical records (consultation reports, x-ray reports, office visit reports, and EMG/nerve conduction study reports) Appeal Denied
16-29 Kevin Berry vs.
Utah Department of Corrections
Psychological evaluation, all medication prescribed, housing units staff comments, clinical evaluations, therapist notes [and] comments and communicational comments from the Attorney General's Office. Appeal Denied
16-30 Reginald Williams vs.
Utah Department of Corrections
All emails to or from UDC to or from the U.S. Attorney or any other person regarding Mr. William's 2-25-16 and 2-26-16 attorney visits. Appeal Denied
16-31 Michael Clara vs.
Utah Transit Authority
  Order of Continuance
16-32 Harshad P. Desai vs.
Panguitch City
Education, experience, and résumés for the Mayor and Council Members, as well as for members of the Planning and Zoning Committee and the Panguitch City office staff. Also, a record detailing the total population within a thirty mile radius of Panguitch City. Appeal Denied
16-33 Michael Clara vs.
Utah Transit Authority
Correspondence between specified UTA employees pertaining to petitioner, his job title, and/or associated responsibilities. Additionally, records concerning bus stop improvements and references to a bond election. Appeal Partly Granted
16-34 Patrick Sullivan vs.
Utah Department of Corrections
All emails sent and received by various Corrections employees where petitioner is the subject, and to provide those records on a CD. Appeal Denied
16-35 Marian Seamons vs.
Ticaboo Utility Improvement District
Itemized billing statements and other records relating to the billing that occurred on lots in Ticaboo, Utah, that petitioner owns. Appeal Denied
16-36 Jessica Miller on behalf of the Salt Lake Tribune vs.
Provo City Police Department and Orem City Police Department
Copies of Spillman Case Access Logs for any sexual-related criminal investigation that was accessed by an employee of Brigham Young University, including its police department, from January 2010 to present. Appeal Partly Granted
16-37 Helen H. Redd, on behalf of Marc Jensen vs.
Utah Attorney General's Office
Dispute about claim of extraordinary circumstances related to previous records requests. Appeal Denied
16-38 Roger Bryner vs.
Clearfield City
  Order of Continuance
16-39 Roger Bryner vs.
Clearfield City
  Order of Continuance
16-40 James Duran vs.
Utah Department of Human Services
  Order of Continuance
16-41 Alex Stuckey, Salt Lake Tribune, vs.
Cedar City Police Department
Any police reports or investigation records that mentioned a specified individual from 2010 to present. Appeal Granted
16-42 Alex Stuckey, Salt Lake Tribune, vs.
Utah State University
Any and all correspondence mentioning Torrey Green from 2009 to present between specifically named individuals. Appeal Denied
16-43 Tracy Taylor vs.
Wasatch County School District
All applications filed with the district for the superintendent’s position awarded June-July 2016: the top four candidates of those applicants, all names of people assigned to the citizen’s committee to review applications for the supervisor’s position, school board’s evaluation process and documents, the process followed for selection- job description of selection committee, who was interviewed, second interview, and who visited the school district. Appeal Partly Granted
16-44 Roger Bryner vs.
Clearfield City

Records from and about a certain specific facsimile/printer machine used by the Clearfield City Police Department, including purchase receipts, the user manual and service records for the machine; all emails from anyone or to anyone or between people at Clearfield City involving Petitioner covering the time period from 7-10-15 to June 9, 2016; configuration settings of a webpage mentioned in the user manual of a certain printer of the Respondent; and activity log related to a specific printer/facsimile machine.

Appeal Denied
16-45 James Duran vs.
Utah Department of Human Services
Records of the Millcreek Youth Center in Ogden, Utah. Appeal Denied
16-46 Paul Wach vs.
Utah Department of Corrections
A copy of “Cautions” within Corrections’ offender database, where Corrections personnel can enter specific “cautions” about inmates housed by Corrections, assisting Corrections Officers in their day-to-day housing, and management of inmates. Appeal Denied
16-47 Siprut PC vs.
Utah State Tax Commission
Documents involving Intuit, Inc. (“Intuit”), Intuit’s TurboTax Tax Preparation Software (“TurboTax”), and Santa Barbara Tax Products Group, LLC (“SBTPG”) “related to cybersecurity, fraudulent or suspicious tax returns filed” with the Commission. Appeal Denied
16-48 Lori Williams vs.
Pleasant Grove City
Records related to the annual Strawberry Days festival held annually in Pleasant Grove City. Appeal Granted
16-49 Nate Carlisle on behalf of the Salt Lake Tribune vs.
Utah County Sheriff's Office
Any records of discipline of a police officer that would disclose information relating to a formal charge or disciplinary action against the employee that were sustained; and all records relating to an internal or administrative investigation of the police officer related to allegations of witness tampering, retaliation against a witness, or obstruction of justice. Appeal Granted
16-50 Eric Peterson vs.
Utah Department of Health
All records that “may contain information relating to deaths caused in whole or in part by prescription overdoses of any kind…” for research purposes. Appeal Denied
16-51 David Larsen vs.
Heber City Police Department
Department personnel records concerning a named police officer. Appeal Partly Granted
17-01 Alex Stuckey, Salt Lake Tribune vs.
Utah State University
Any written findings or reports from an inquiry made by USU President Stan Albrecht regarding recent allegations of sexual assaults in the campus community. Order of Continuance
17-02 American Civil Liberties Union vs.
Salt Lake County District Attorney and the Salt Lake City Police Department
Copies of body camera footage and other video footage of a shooting incident which occurred February 27, 2016 involving Abdi Mohamed and police officers with the Salt Lake City Police Department, including but not limited to dash-cam and/or surveillance video. Appeal Granted
17-03 Earl Al Kalashnikov vs.
Salt Lake City Corporation
Police records related to the shooting incident which occurred February 27, 2016 involving Abdi Mohamed and police officers with the Salt Lake City Police Department. Appeal Granted
17-04 Alex Stuckey, Salt Lake Tribune vs.
Utah State University
All records used to aid in any oral presentation of the inquiry into sexual assaults on campus, its findings and recommendations; all records that resulted in the recommendation and inquiry summary released by USU on August 24, 2016; and any and all video or audio recordings of the oral presentation of the inquiry, its findings and recommendations. Appeal Partly Granted
17-05 Karl Davis, Shore Lodge Estates HOA vs.
Garden City
Records showing: (1) The amount spent on litigation against Shore Lodge Estates; (2) The source of the funding for the litigation; (3) The projected cost of an eminent domain action against Shore Lodge Estates, and (4) The source of funds for the cost of an eminent domain action. Appeal Partly Granted
17-06 Paul Amann vs.
Utah Attorney General's Office
A variety of specific records, including a complaint filed by AG’s Office employee against Mr. Amann and other named individuals, card key access logs, and a list of every person who had access to a specified Utah AG’s Office employee and/or had knowledge about the employee’s attendance at a “Forensics in Court” program. Appeal Partly Granted
17-07 Mark Shenefelt, Standard Examiner vs.
Utah Attorney General's Office
Copies of audio and video surveillance records for alleged offenses occurring in October and November 2016 involving three named individuals. Appeal Denied
17-08 Terry Mitchell vs.
Utah Attorney General's Office
Any and all communications related to petitioner's report of a “child sexual abuse…regarding Chief Justice Judge Richard Roberts.” Ms. Mitchell also requested “all documentation, communication, emails, minutes, phone calls, meetings, correspondence of any kind, on and off record” regarding herself and Judge Roberts. Appeal Denied
17-09 Jennifer Baptista vs.
Pleasant Grove City
All drafts/notes of City Council Meeting Minutes taken by City Recorder during the meetings for the 2016 year. Appeal Denied
17-10 Reginald Williams vs.
Utah Department of Corrections
List or page one of all audits performed by Corrections’ internal audit bureau from 2007 to present. Appeal Denied
17-11 Britt Miller vs.
Utah Transit Authority
All materials and information provided by the Labor Relations Institute (LRI). Appeal Granted
17-12 Libertas Institute vs.
Utah State Tax Commission
An agreement between the Commission and the online retailer Amazon regarding Amazon’s collection and remittance of sales tax for Utah consumers. Appeal Granted
17-13 Utah Rivers Council vs.
Utah Division of Water Resources
All 2015 water use data submitted to the Division by public water suppliers in Utah. Appeal Granted
17-14 Robert Baker vs.
Board of Pardons and Parole
Copies of 200+ case files supplied by PEW Research Foundation, and copies of Correlation Analysis. Appeal Denied
17-15 Andrew Becker vs.
Washington County Sheriff's Office
Police reports associated with an incident involving Mr. Becker and the Office occurring on December 30, 2016, and any audio and video recordings from any officer involved in the incident. Appeal Partially Granted
17-16 Edward Berkovich vs.
Millard County Attorney's Office
Notes or minutes taken at a meeting held on October 21, 2015 by the Utah Prosecution Council (“UPC”). Appeal Partially Granted
17-17 Paul Amann vs.
Utah Attorney General's Office
A voluminous quantity of records held by the Attorney General's Office. Appeal Denied
17-18 George Chapman vs.
Salt Lake City Corporation
Closed Executive Session Meeting Minutes of the Salt Lake City Council & RDA meetings that discussed homeless sites. Appeal Denied
17-19 Steven J. Onysko vs.
Jordanelle Special Service District
Documentation, including but not limited to Phone Company billing records, of JSSD outgoing and incoming telephone calls for all telephones and extensions at any JSSD offices, treatment facilities, or other JSSD-associated property from August 1, 2015 to October 16, 2016. Appeal Granted
17-20 Patrick Sullivan vs.
Utah Department of Corrections
Petitioner requested a fee waiver for the records claiming that release of the records primarily benefits the public rather than a person. Also requested the names of individuals involved in a decision made by Corrections regarding himself. Appeal Partially Granted
17-21 Paul Amann vs.
Utah Department of Human Resource Management
Records allegedly held by Respondent. Order of Continuance
17-22 Edgardo Mata vs.
Utah Department of Corrections
A copy of Corrections’ “O-Track entry” that provides a description of tattoos related to Mr. Mata. Appeal Granted
17-23 Patrick Sullivan vs.
Utah Department of Corrections
Detailed receipts, invoices, purchase orders, and work orders for new security cameras installed at the Utah State Prison located in Draper, Utah. Appeal Denied
17-24 Randy M. Andrus vs.
Unified Police Department
Records held by Respondent. Order of Continuance
17-25 Lance Rolph vs.
Utah Department of Human Services, Office of Recovery Services
Any records used by the Office of Recovery Services against petitioner in prior court proceedings. Appeal Denied
17-26 Anna Burleson, Standard-Examiner vs.
Box Elder School District
All applications and accompanying documents for the position of District superintendent in 2017, including letters of reference, qualifications, resumes, cover letters and letters of intent. Appeal Partially Granted
17-27 Paul G. Amann vs.
Department of Human Resource Management
Records allegedly held by Respondent. Appeal Partially Granted
17-28 Matthew Winters vs.
West Jordan City Police Department
All video and audio – car camera, body camera and middle school DVD surveillance.

Appeal Partially Granted

See also summons

 

17-29 Richard Norman Stein vs.
Ogden City Police Department
All records pertaining to a case with the Ogden City Police Department. Appeal Dismissed
17-30 David Larsen vs.
Heber City Police Department
All Drug Recognition Expert (DRE) road and field training documents and policies, including any policy changes and who made those changes, for the Heber City Police Department, from 2015 to present. Appeal Denied
17-31 Kelly James on behalf of Proletariat-Watch vs.
Kane County Hospital Special Service District
The Kane County Hospital Chief Executive Officer’s (CEO) salary from 2014 to 2016. Appeal Granted
17-32 Harshad P. Desai vs.
Garfield County
Fee waiver for records requests totalling $15.00. Appeal Denied
17-33 Patrick Sullivan vs.
Utah Department of Corrections
Invoice showing all calls made, cost of each call, and all deposits made to petitioner's CenturyLink/IC Solutions phone account. Appeal Denied
17-34 Lee Davidson, Salt Lake Tribune, vs.
Utah Attorney General's Office
A copy of the legal opinion requested by legislative leaders about the special election process” to fill the congressional seat held by Representative Jason Chaffetz Appeal Granted
17-35 Luke Ramseth, Salt Lake Tribune, vs.
Murray City Police Department
Police reports and any related investigative documents involving Adam Lim. Appeal Partially Granted
17-36 Steven Onysko vs.
Utah Department of Human Resource Management
Metadata from certain employees regarding a document purportedly authored by a specific person. Appeal Denied
17-37 Molly Marcello, The Times-Independent vs.
Moab City Police Department
Any formal complaints filed with the Moab City Police Department or Moab City regarding a former Moab police officer during his tenure with the department. Appeal Granted
17-38 Lance Rolph vs. Department of Human Services, Office of Recovery Services Office of Recovery Services Information System’s Guide, and a copy of any and all of ORS’s policies having to do with case records & release of case records, what type of records ORS keeps in case files, evidence, etc. Appeal Denied
17-39 Wanda Amann vs.
Utah Executive Branch Ethics Commission
Information relating to the hiring of a specific person within the Utah Executive Branch Ethics Commission. Order of Continuance
17-40 Steven Onysko vs.
Utah Department of Human Resource Management
All documents related to the abusive conduct investigation conducted by the Utah Department of Human Resource Management into alleged behavior by Mr. Onysko. Order of Continuance
17-41 Steven Onysko vs.
Utah Department of Human Resource Management
  Appeal Denied
17-42 David Larsen vs.
Heber City Police Department
Multi-media copy of videotaped footage from the Police Department’s lobby area. Appeal Denied
17-43 Steven Maese, Wasatch Constable's Office, vs.
Weber State University
Copies of all records detailing FERPA directory information for all students enrolled in the POST academy for the last two years. Appeal Partially Granted
17-44 Robert Gehrke, Salt Lake Tribune, vs.
Kane County
Any maps prepared by Kane County as well as any correspondence regarding the Grand Staircase-Escalante National Monument sent or received since Jan. 1, 2017, between government officials. Appeal Partially Granted

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