The Utah committee tasked with resolving disputes over public records has more work to do if it aims to be efficient and keep cases out of the court system, a state audit released Tuesday states.
The committee is often plagued with a backlog of cases and long wait times. A January report from the state’s Office of the Legislative Fiscal Analyst and the Governor’s Office of Planning found that in 2023, it took an average of 156 days to make a decision on disputes from the moment it received an appeal.
The audit found that the committee has appropriately implemented suggestions outlined in that January report, including formalizing its appeals process, better utilizing its ombudsman and standardizing its appeals processing.
However, the audit still points out areas in which the Records Committee can improve, even as it found the average time the committee takes between appeal and decision has decreased to 150 days while the number of yearly appeals has increased in 2024.
“While this is encouraging, we also recognize that statute grants only 73 calendar days after the date the appeal is filed to issue a decision,” the audit states. “If it is not heard within 73 days, it is equivalent to the appeal being denied.”
The 73-day automatic denial doesn’t mean the appeal won’t be considered by the Records Committee, but the audit says it allows parties to legally go to court to settle disputes — something the audit says many involved with the committee believe it’s intended to avoid.
So far this year, the committee only reached decisions on 7% of appeals before parties became eligible to take the record disputes to court.
To resolve the issue, the audit recommends the Division of Archives and Records Service work to shorten the time it takes to address appeals — or work with the Legislature “to appropriately adjust the timelines,” as in, add more time before automatic denials.
The suggestion comes as the committee faces a growing backlog, because the state’s Senate Business and Labor Confirmation Committee has yet to appoint any new members after the committee lost enough to hold a quorum in September.
Only four of its seven seats are filled — one too few for a quorum and, consequently, one too few for the committee to meet and review appeals.
Nova Dubovik, the committee’s interim chair, did not respond to questions from The Salt Lake Tribune about the audit or the shortage of committee members and its effect on the timing of the appeals process.
