Records director: agencies may set conditions on inspections, American Fork redactions upheld

In Appeal No. 2025146, the records director denied Utah Defenders of Open Government’s grievance against the American Fork Police Department, holding that GRAMA permits governmental entities to set conditions for inspection and to charge for preparation and redaction work.

Mr. Gadd, appearing for Utah Defenders, asked whether requesters may use personal cameras or phones to copy materials during an inspection and argued the city’s blanket prohibition improperly denied practical access. Gadd also pressed the city on late citation of statutory authority and sought more transparent disclosure of withheld items; he proposed limited redaction (for example, obscuring a victim’s face) while releasing audio and non-identifying material.

American Fork counsel said inspection is free but the statutory fee structure covers retrieval, review and preparation including redactions; the city argued the redactions protect a domestic-violence victim and that releasing video and images of a traumatized victim would be a clearly unwarranted invasion of privacy. The city acknowledged it had not cited specific statutory sections in its initial denial but said the redaction rationale was communicated to the requester.

Director Pearson found GRAMA’s statutory structure distinguishes inspection from copying and that governmental entities may set conditions on inspections and recover costs associated with preparing records for public release. He also reviewed the redacted materials in camera and found the body-cam footage and victim images properly redacted or withheld under privacy provisions; he recommended redactions be clearly marked. The director denied the appeal and will issue a written decision within seven business days.