EFFECTIVE DATE: JANUARY 16, 2015
SUBJECT: DISCLOSURE UNDER GRAMA OF CIVILIAN REVIEW BOARD REPORTS.
AUTHORITY
SIGNATURE: RALPH BECKER, MAYOR
PREFACE
The Government Records Access and Management Act “(GRAMA”) recognizes both (1) the public’s right of access to information concerning the conduct of the public’s business, and (2) the right of privacy in relation to personal data gathered by the City, including private information about City employees. GRAMA provides that a City record is public unless otherwise expressly provided by statute. GRAMA also reflects a legislative intent that favors public access to information when, in the application of GRAMA, countervailing interests in disclosure and in privacy are of equal weight.
Salt Lake City Code Chapter 2.72 creates the Police Civilian Review Board (the “Board”), whose purpose is to provide civilian oversight of certain complaints and internal police investigations regarding conduct of the police. The Board’s actions are intended to foster trust between the community and law enforcement personnel and to assure fair treatment of police officers. Chapter 2.72 requires that the Board’s records and reports be kept in compliance with GRAMA.
Under GRAMA most records about City employees are not public. However, records that would disclose information relating to formal charges or disciplinary actions against a City employee are public if (1) the charges were sustained and (2) all time periods for administrative appeal have expired. Nevertheless, Section 63G-2-201(5)(b) of GRAMA authorizes the City’s head of government or designee to order the disclosure of information properly classified as non-public if (a) there is no interest in restricting access to the record or (b) the interests favoring access are greater than or equal to the interest favoring restriction of access.
Pursuant to Chapter 2.72, the Board’s panels review police discipline cases and in each case recommend to the Police Chief that the charges are either (1) “unfounded” (the reported incident did not occur), (2) “exonerated” (the employee’s actions were reasonable under the circumstances), (3) “no determination is possible” (there is insufficient evidence to support a conclusion as to whether the employee violated policy), or (4) “sustained” (the employee’s actions were in violation of Police Department policy or procedure). The Police Chief then makes a final determination as to whether the charges should be sustained.
The City recognizes that the public has a strong interest in knowing the recommendations of the Civilian Review Board, especially in high-profile or controversial cases that are already well publicized in the community or media, even when charges are not sustained. At the same time, police officers (and sometimes witnesses) have a privacy interest in not having defamatory or frivolous charges against them made public.
This Executive Order is intended to prescribe rules to be followed by the City’s chief administrative officer and the Board with respect to certain reports of the Board.
Therefore, the Mayor of Salt Lake City enacts this Executive Order:
1. Definitions
1.1 “Chief Administrative Officer” means the deputy mayor or chief of staff of the City or other designee of the Mayor.
1.2 “High-profile case” means a case reviewed by a Panel that is high-profile, controversial, or already well publicized in the community or media.
1.3 “Mayor” means the mayor of Salt Lake City, Utah, or the mayor’s designee.
1.4 “Panel” means a five-member panel of the Board that reviews a particular case on behalf of the Board.
2. General Provisions
2.1 Identification of High-profile, Controversial, or Well Publicized Cases; Presumption of Disclosure.
Some cases
reviewed by the Board are High-profile. In High-profile cases there shall
be a strong presumption that the Panel’s report will be publicly
disclosed. When reviewing a case, a Panel shall determine whether the case
is High-profile and shall state that determination in its report. All
Panel reports shall be provided to the Chief Administrative Officer. If
the Panel determines that a particular case is High-profile, then the Panel’s
report shall recommend to the Chief Administrative Officer that the report be
publicly disclosed even if the Panel otherwise makes a recommendation of
“unfounded,” “exonerated,” or “no determination is possible.”
2.2 Determination by Chief Administrative
Officer
After receiving the Panel’s report in a High-profile case and after considering the Panel’s recommendation regarding disclosure, the Chief Administrative Officer shall examine the facts and circumstances of the case and weigh the interests favoring public access to the records against the interests favoring restriction of access. Except in cases involving unusually sensitive privacy interests, the Chief Administrative Officer shall order the disclosure of the Panel’s report in a High-profile case.
Date signed by Mayor Ralph Becker: January 16, 2015