Director upholds POST’s search and attorney‑client redactions in Brown appeal
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Summary
After in‑camera review, the director found POST had conducted a reasonable search for records related to a complaint interview and that redactions of attorney‑client materials were appropriate; the appeal was denied.
Director Lonnie Pearson denied Joshua Brown’s appeal challenging whether the Peace Officer Standards and Training (POST) office conducted a complete search and whether POST withheld records documenting a September 24 complaint interview. Brown sought investigator notes, internal communications and any records documenting materials reviewed during the complaint interview.
POST counsel Mr. Jorgensen said the agency produced multiple email records, an hour‑plus of video and audio of the investigatory meeting, reports requested from Taylorsville police, and memoranda describing POST’s actions; two emails had attorney‑client content redacted. Jorgensen explained that notes are not GRAMA records when handled as preliminary notes and that one sergeant’s notes had been destroyed after POST determined no formal investigation was opened.
Following a brief recess to review redacted emails in camera, the director found POST conducted a reasonable search, that redactions involved attorney‑client communications, and that the petitioner had not met his burden of demonstrating additional responsive records existed in POST’s possession. The director denied the appeal and will issue a written decision within seven business days; the decision can be appealed to district court within 30 days.