New Utah Government Records director hits city over missing surveillance video

SALT LAKE CITY — A request for public records has led to frustration for one Utah man — and a stern order for the city at the center of it.

The director of Utah's new Government Records Office told West Valley City it didn't do enough to follow the state's public records law, after the city released only part of the surveillance video footage at the center of an alleged assault.

Josh Randall requested that video in February, which shows a confrontation between him and another man at the West Valley Family Fitness Center in November 2024. But the clip Randall received lasted only about seven minutes, and it cut off right as the alleged assault was taking place.

"To me, I see a very big problem," Randall told KSL, outlining his efforts over the last 10 months to fight for the rest of the footage. "What happened with the video? That's very pertinent."

What happened?

Randall showed up at the West Valley Family Fitness Center on the evening of Nov. 5, 2024. A few minutes before 6 p.m., he stood on the basketball court where his team was going to practice.

According to a police report, that angered another basketball coach who yelled at Randall to get off the court, swore at him, and pushed him, adding that "there would be a problem if they ran into each other in the parking lot."

Criminal charges, including battery, committing violence in the presence of a child, and disorderly conduct, were filed against the coach the next week. He pleaded not guilty the following month. But in January 2025, the city prosecutor's office abruptly dismissed the case without telling Randall.

Randall then requested surveillance video of the entire incident, which he said took place both on the court and in the lobby near the front desk, but received only the partial clip from West Valley City.

"He's pushing me across the gym, and the video cuts off right in the middle of that," Randall said. "I'm thinking to myself, 'I don't know who decides to stop rolling the tape at that point, but that is quite the decision.'"

Randall appealed, asking West Valley City for the rest of the tape, including footage from the lobby. His appeal ended up at the new Utah Government Records Office, which was created this year after the Legislature abolished the longtime State Records Committee.

In his Dec. 2 decision, the office's director, Lonny Pehrson, largely sided with Randall.

"(T)here is sufficient evidence to support the conclusion that the city failed to conduct a reasonable search for responsive video surveillance footage as required under Utah Code … or that the city has concealed or has improperly disposed of video surveillance footage," Pehrson wrote.

Pehrson added that West Valley City's legal counsel also failed to "provide a reasonable explanation for the lack of additional video." He ordered the city to search for the footage and, if it wasn't found, to "provide a description of the reasonable search conducted and an explanation, if any, as to why no additional records could be located."

West Valley City responds

In a statement on Wednesday, Sam Johnson, spokesperson for West Valley City, told KSL the rest of the video Randall requested does not exist.

"Due to the facility's recording system's limited retention capacity, additional footage was unavailable by the time the request was submitted, more than three months after the incident," Johnson said.

However, Randall pointed out, a police report was filed the night the incident happened.

Johnson said West Valley City "conducted a reasonable and timely search for responsive records and provided all materials in its possession." He said the city receives thousands of public records requests each year and fulfills nearly all of them, except for cases that involve "open, active investigations."

The city disagrees with the findings of the Government Records Office, Johnson added, and is "committed to transparency" and is "confident in our record handling procedures."

The city did not respond to Randall's concerns about the criminal case being dismissed without his knowledge.

In internal case notes that Randall obtained after the Utah Government Records Office ordered them released, prosecutor Jenica Maxwell wrote she didn't believe she "had a reasonable likelihood of success at trial" based on statements from a list of people provided by the defendant.

Those people claimed Randall was the aggressor, even though surveillance video only shows the other man becoming physical, and shouted "racial slurs" at the coach.

Asked if that happened, Randall replied, "Absolutely not."

Public records issues

David Reymann, a Salt Lake City-based First Amendment attorney not involved in this case, reviewed the decision and order from the Government Records Office director. Reymann said the director was "very explicit" in his criticism of West Valley City.

"What came through in the order, I think, is that West Valley City didn't take its obligations seriously enough in this case," Reymann said. "It didn't go look for the portions of the video that weren't turned over, and it didn't provide any adequate explanation for why it didn't exist."

Reymann said this issue involving public records is relevant for all Utahns.

"It's really important to reinforce the message — not just for West Valley City, but for every government agency — that when someone asks for public records, you need to meaningfully look for them and see what it is that you have," Reymann said. "You can't just say, 'Oh, I can't find it, and so, go away.' And that I think is what West Valley did here, and I think it should be a good lesson for other government agencies as well."

Randall, meanwhile, said he is still waiting for the rest of the surveillance video, or an official explanation of what happened to it.

"I want to see them comply with the law," Randall said. "If they don't … it'll have a trickle-down effect and a chilling effect on the entire city, in my opinion."

Related topics