The Salt Lake Tribune
Tuesday, September 2, 2008
News that won't happen in Utah

The open government world is buzzing about a judgement levied against the town — And I use that word generously. — of Mesa, Wash.

Mesa, population 440, lost a long dispute with a former mayor over a records request. The state judge also imposed a $230,000 fine against the town for improperly handling the record request. That's a whopper in a records case and perhaps two-thirds of Mesa's budget, according to the Tri-City Herald.

But don't look for anyone in a black robe to make such a ruling in Utah. This state does not have a mechanism for such fines. The best you can hope for is a judge requires an agency to pay for a requester's attorney fees.

It can be a Class B misdemeanor for a government official to knowingly improperly deny a records request, but that's a big threshold and it's not clear if it can be applied to an entire agency that denies a request.

— NC

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