Director orders Sandy City to produce records, finds $900 estimate and 40-hour fee excessive
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Summary
The Department of Government Records granted an appeal by Jeff Staley, finding Sandy City's nearly $900 estimated production fee excessive given the city's sampling and public interest; the director ordered the city to produce records and noted written decision and appeal rights.
Director Pearson granted an appeal from Jeff (Mr.) Staley challenging Sandy City’s estimated fee to produce records obtained in a criminal investigation, concluding the city had unreasonably denied a fee waiver and that the nearly $900 estimate and 40-hour workload were excessive.
Sandy City records supervisor Jen Vasquez told the hearing the city had received materials from Intermountain (including photographs and screenshots of older cell phones and text messages) and estimated redaction time based on historical experience; city director Jeffrey Robinson said the estimate could be refunded if actual redaction took less time. Robinson said some items (images and photos) would require IT assistance to blur or redact and that the city had not yet begun sorting because state GRAMA rules allow work to begin after payment is provided.
Mr. Staley, who identified accessibility needs and described cognitive processing differences at the outset, argued many files were tied to a master account he controls and said he had given permission for the city to review the materials; he repeatedly emphasized ownership of material and questioned how the city arrived at its estimate. “I own it,” Staley said, referring to a Verizon master account that he said covers phone lines and images at issue.
Director Pearson reviewed samples of the records and found that redactions would be necessary in some items but that the city’s fee estimate lacked sufficient supporting legwork to justify the nearly $900 charge and 40-hour projection. “I think I've gotten sufficient information to make a ruling... I am going to find that there has been an unreasonable denial of a fee waiver in this instance,” the director said, and granted the appeal. He ordered the city to produce the requested records; the department will issue a written decision within seven business days and Sandy City may appeal the ruling to district court within 30 calendar days.
The director noted the strong public interest in accommodating Mr. Staley’s request and directed the city to consider narrower production or staged releases to reduce cost where feasible.