Appealing to the masses
This blog probably will write a lot about the problems with Utah's records and meeting laws. So my first post is about something Utah does well: You don't have to settle for a no.
Or at least not right away. Utah provides an appeals process far superior to any state I've found. If you request a record from a Utah agency -- such as a city, a county or a state agency -- and that agency denies you, the agency then must provide you an appeal option. Some agencies, such as Salt Lake City government, have entire boards to hear your appeal while other agencies allow you to appeal to an administrator.
If that board or administrator rules against your appeal, you're still not done. You have the option of appealing to the State Records Committee. If you lose at that committee, you have one more option: you can sue in state court. (A similar appeals process exists for the agency which received the request if the agency thinks your documents should not be disclosed.)
I worked in Missouri for three years and if an agency there denies your request, your only option is to sue. Lawsuits are expensive even if you win. Government agencies know that and it gives them an incentive to deny your request.
In November, The Tribune published an investigation on college drug testing that used record requests in 39 states. Among the schools who denied my request, only the University of Nebraska told me I had an administrative appeal option. (I did not pursue it.)
What makes an administrative appeal option so good for us citizens? Well, it's one thing for an agency to deny a record request. It's another thing for the agency to stand in public and justify the denial. Utah's appeals process keeps a lot of records cases out of court and gives a fighting chance to the little guys.
— NC
Or at least not right away. Utah provides an appeals process far superior to any state I've found. If you request a record from a Utah agency -- such as a city, a county or a state agency -- and that agency denies you, the agency then must provide you an appeal option. Some agencies, such as Salt Lake City government, have entire boards to hear your appeal while other agencies allow you to appeal to an administrator.
If that board or administrator rules against your appeal, you're still not done. You have the option of appealing to the State Records Committee. If you lose at that committee, you have one more option: you can sue in state court. (A similar appeals process exists for the agency which received the request if the agency thinks your documents should not be disclosed.)
I worked in Missouri for three years and if an agency there denies your request, your only option is to sue. Lawsuits are expensive even if you win. Government agencies know that and it gives them an incentive to deny your request.
In November, The Tribune published an investigation on college drug testing that used record requests in 39 states. Among the schools who denied my request, only the University of Nebraska told me I had an administrative appeal option. (I did not pursue it.)
What makes an administrative appeal option so good for us citizens? Well, it's one thing for an agency to deny a record request. It's another thing for the agency to stand in public and justify the denial. Utah's appeals process keeps a lot of records cases out of court and gives a fighting chance to the little guys.
— NC
Labels: GRAMA, SLC, State Records Committee
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