OGDEN -- State Rep. Neil Hansen, D-Ogden, wants reports and dashboard camera video related to the January DUI arrest of former Senate Majority Leader Sheldon Killpack, but the state Department of Public Safety is refusing to hand them over.
As a result, Hansen will appear before the state Records Committee on July 8 to appeal the DPS decision.
Hansen said as a lawmaker he is entitled to the items under a provision of the state's Government Records Access and Management Act.
The GRAMA provision allows a governmental entity to provide a record that is private, controlled or protected to another governmental entity, including a member of the state Legislature.
Susan Mumford, executive secretary of the state Records Committee, said the committee has agreed to hear Hansen's appeal because of his argument about the GRAMA record-sharing provision.
D. Lance Davenport, commissioner of the Utah Department of Public Safety, said in a letter to Hansen, his GRAMA request for the arrest reports and video has been denied because it could jeopardize Killpack's right to a fair trial or impartial hearing. In addition, the GRAMA record-sharing provision does not require the DPS to automatically turn over the items to Hansen because he's a member of the Legislature, Davenport said.
"Although the statute provides that a governmental agency may share records, it does not require the sharing of those records," Davenport said in the letter. "In consideration of the proceedings that are currently ongoing regarding this matter, I am upholding the denial of your request."
Hansen said he is seeking UHP records and dash camera video to determine if any other lawmakers were present when Killpack was arrested Jan. 15 in Salt Lake City on a misdemeanor charge of DUI and failure to signal.
Killpack, a Syracuse Republican who held the Senate District 21 seat, has pleaded not guilty to the charges. He resigned from the Legislature after his arrest. He could not be reached Wednesday for comment on Hansen's request.
A bench trial is scheduled for Aug. 17 in 3rd District Court in Salt Lake City to consider Killpack's appeal of his driver's license suspension.
Hansen said he also wants to determine if there is any collusion between Republican lawmakers and the Department of Public Safety to hide facts about Killpack's arrest.
"What is so important in those records that they need to be kept from the public?" Hansen asked. "When you have public officials involved in a situation like this, shouldn't it be made public because they are in positions of public trust?"
Hansen said if he receives access to the arrest records and video he would keep the content of the items confidential until DPS or the courts determine they could be released publicly.
The state Records Committee has already ordered the DPS to turn over to several media outlets the Killpack arrest records and dashboard camera video. The DPS has appealed that decision to 3rd District Court. A ruling on the appeal is pending.
Brian Hyer, spokesman for the DPS, said the agency is awaiting the outcome of the court's decision on the release of the information and will have additional comments at the appropriate time.
Comments