Director orders Tooele City to run follow-up search but upholds privilege on in-camera material

Director Pearson granted in part an appeal by requester Britney Broadbent against Tooele City Police Department, finding deficiencies in the city's records production and ordering a follow-up search and a report describing how it was conducted; he also upheld an attorney-client privilege assertion after an in-camera review.

Broadbent told the hearing her narrowly tailored request (Sept. 1, 2024–Feb. 1, 2025) sought administrative communications referencing her and that the production indicated missing initiating messages and original email chains. She said some materials were forwarded copies instead of original email chains and that a referenced October 11 complaint was not produced. "The records themselves show that additional communications do exist that were not included," Broadbent said.

Tooele City counsel Mr. Johnson said the city conducted searches that included emails and texts, and that, in the city's view, complete email chains responsive to the request were provided. "With each request, the complete email chain from start to finish is provided," he said, while also defending the privilege claim for the October 31 email.

Director Pearson found petitioner demonstrated that the city's search and production had gaps in certain respects and directed Tooele City to perform a follow-up search and to file a notice of compliance with the office within 30 days that includes a description of how the additional search was carried out. The director reviewed the contested October 31 email in-camera and concluded it was properly classified under the cited privilege provision, denying access to that document.

The director said a written decision would be issued within seven business days and reminded parties of the 30-calendar-day appeal right to district court.