Dear Abby,
May I respond to a GRAMA appeal if I was the one who responded to the initial request? I act as both records officer and chief administrative officer for my agency and there's really no one else.
Sincerely,
Jane of All Trades
Dear Jane of All Trades,
Yes! Utah Code Section 63G-2-401(9) states, “The duties of the chief administrative officer under this section can be delegated.” In short, a Chief Administrative Officer (CAO) is responsible for the response, but the law does not limit who he/she can assign to make the decision or send the written response. If you are both the CAO and the records officer and you responded to the original request, you may choose to also respond to the appeal, or you may choose to delegate it. Perhaps you could delegate it to a representing attorney or to someone higher in the government hierarchy. For example, a CAO of a small special service district could delegate the response to the chair of the supervising county commission. Requesters may expect a second opinion, but even if the same person responds twice, a governmental entity is authorized, upon appeal, to use the weighing provision described in Utah Code Section 63G-2-401(6).
Hope this helps!
Abby
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