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 Post subject: Consiglierii's court date tomorrow
PostPosted: Wed Jul 11, 2018 5:47 pm 
Nursery

Joined: Wed Jan 31, 2018 10:50 am
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Consiglieri has a court date tomorrow regarding his GRAMA request. Consiglieri, let us know how it goes. Sending you good vibes. Should I put your name on the temple prayer roll for tomorrow?


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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Wed Jul 11, 2018 8:01 pm 
God
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Thanks for even remembering this, Shinster!

Yes, I am scheduled to appear before the Utah Records Committee tomorrow in my appeal of the BYUPD's denial of my request for an unredacted police report, and for copies of the audio-taped interview of Joseph Bishop.

1. There are eight cases on the docket; I am number six of eight.

2. Two of the cases before me deal with the same issue; one of which is being brought by Mormon Leaks.

3. BYU-Police sent a letter to the Committee saying they are not going to be appearing for the hearing. They basically say in the letter that they expect the Committee to rule as they have always ruled in favor of BYUPD, saying they are not subject to the GRAMA law in Utah because they are not a governmental agency.

4. This whole tactic is thrown into question by the fact that Judge Laura Scott is supposed to have her ruling out any day now on that very question in the case of Salt Lake Tribune v. Utah State Records Committee, No. 160904365.

5. But here is the funny thing I just discovered. When the Tribune appealed from the Records Committee decision on July 12, 2016, the Committee tried to pull a fast one by moving Judge Scott to dismiss the appeal because . . . wait for it . . . the Committee made the right decision.

No. I am not making this up. This is in the Introductory paragraph of Judge Scott's order entered 1/20/17: "Before the court is the Motion to Dismiss filed by Respondent the Utah State Records Committeee. Intervenor Brigham Young University joined in the motion.

This is crazy from a legal point of view.

The Tribune appeals to the Committee to get access to the BYUPD records. The Committee denies their appeal, saying GRAMA doesn't apply to the BYUPD.

The Tribune appeals to District Court.

And instead of just letting the appeal take its normal course, the Committee files a motion to dismiss the appeal arguing that the Committee made the right decision.

What on earth is going on here?

The important thing, though, is that Judge Scott already issued an order denying the Committee's motion to dismiss, and it was entered on 1/20/17.

It is a 17-page opinion, and guess what Judge Scott has already ruled at the bottom of page 13?

"Accordingly, whether it is by virtue of BYUPD's performance of a quintessential government function or the explicit statutory authorization that is found in a title governing state institutions of higher educations or POST certification or the functional delegation of Provo City's statutory obligation to provide police services within it municipal boundaries or all of these together, the court concludes that BYUPD is a governmental entity for purposes of GRAMA because it is an agency of the state or a political subdivision established by the government to carry out the public's business of policing."

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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Wed Jul 11, 2018 8:03 pm 
Charlatan
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What information is he requesting?

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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Wed Jul 11, 2018 11:44 pm 
Seedy Academician
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Deeeyyaaammm! This is very interesting stuff! Best of luck to you consig! I hope you win!


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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 1:55 am 
God
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consiglieri wrote:
They basically say in the letter that they expect the Committee to rule as they have always ruled in favor of BYUPD.

At the very least they could have sent the BYU cast of the musical Fiddler on the Roof to sing the song Tradition!

https://www.youtube.com/watch?reload=9&v=gRdfX7ut8gw

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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 7:34 am 
God
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And the rabbit hole branches in unexpected and unrelated church and state issues. Shine that light in those dark corners!


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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 7:46 am 
God

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consiglieri wrote:
The important thing, though, is that Judge Scott already issued an order denying the Committee's motion to dismiss, and it was entered on 1/20/17.

It is a 17-page opinion, and guess what Judge Scott has already ruled at the bottom of page 13?

"Accordingly, whether it is by virtue of BYUPD's performance of a quintessential government function or the explicit statutory authorization that is found in a title governing state institutions of higher educations or POST certification or the functional delegation of Provo City's statutory obligation to provide police services within it municipal boundaries or all of these together, the court concludes that BYUPD is a governmental entity for purposes of GRAMA because it is an agency of the state or a political subdivision established by the government to carry out the public's business of policing."


Iā€™m not a lawyer, but that seems unequivocal.

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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 12:09 pm 
Nursery

Joined: Wed Jan 31, 2018 10:50 am
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Consiglieri, interesting!

Let us know how today goes.


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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 12:13 pm 
God
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Roger that.

Still waiting by my phone for the call . . .

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You prove yourself of the devil and anti-mormon every word you utter, because only the devil perverts facts to make their case.--ldsfaqs (6-24-13)


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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 1:18 pm 
God
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Just had the hearing.

We won!

The Utah Records Committee just voted unanimously that the BYUPD improperly classified the police reports AND the audio tapes of the interviews as not subject to GRAMA.

Judge Laura Scott has still not issued her ruling in the other case on appeal before her, and this decision by the Records Committee is subject to her ruling that BYUPD is a governmental agency and is therefore subject to GRAMA.

Which is what everybody, including the five-member State Records Committee, understands she is going to do.

This is Radio Free Mormon signing off the air!

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You prove yourself of the devil and anti-mormon every word you utter, because only the devil perverts facts to make their case.--ldsfaqs (6-24-13)


Last edited by consiglieri on Thu Jul 12, 2018 2:21 pm, edited 1 time in total.

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 Post subject: Re: Consiglierii's court date tomorrow
PostPosted: Thu Jul 12, 2018 1:51 pm 
God
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With a name like "Radio Free Mormon", how can you lose?

:cool:

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