BYU plans to appeal a state pass judgement on’s ruling that its University Police Department is a governmental entity subject to the state’s open-records regulations.
PROVO — BYU plans to appeal a state pass judgement on’s ruling that its University Police Department is a governmental entity subject to the state’s open-records regulations.
Last week, third District Judge Laura Scott concluded that University police is subject to the state’s Government Records Access and Management Act. A college spokesman expressed sadness and stated the management would believe an appeal after reviewing Scott’s complete ruling.
Scott launched the entire ruling on Tuesday.
“We intend to appeal,” college spokesman Todd Hollingshead stated, “and as the court wrote in (its) ruling: ‘BYU has strong arguments worthy of appellate consideration.'”
The case stems from a rape allegation made by means of a 19-year-old scholar in 2016. The Salt Lake Tribune made a GRAMA request for University police emails similar to the allegation.
BYU would now not free up the emails, arguing that it is now not a indexed entity with the Department of Public Safety as it is a “privately funded, managed and operated police department within a private university.” University lawyers stated the “stated purpose of GRAMA is to allow access to certain government records held by governmental entities — not to allow access to private records of private institutions such as BYU, or internal departments of private institutions, such as” University police.
Scott dominated that University police is state-certified and subsequently workouts the state’s police energy.
“When BYUPD is exercising the state’s police power, BYUPD creates records specifically identified in GRAMA as being ‘public records,'” Scott wrote. “And BYUPD is functionally equivalent to every other police department in Utah, all of which are subject to GRAMA.”
She granted the Tribune’s request for abstract judgment.