State Records Committee Appeal 93-03

JAMES N. HAYWOOD vs.
UTAH DEPARTMENT OF CORRECTIONS

DECISION AND ORDER, CASE NO. 93-03

By this appeal James N. Haywood seeks an Order compelling the Utah Department of Corrections to release certain records relating to the investigation by the Department of Corrections of certain criminal charges against him. Mr. Haywood was, at all relevant times, an employee of the Department of Corrections. The criminal charges against Mr. Haywood were dismissed and the criminal proceedings were terminated. No administrative action is pending against Mr. Haywood.

The State Records Committee, having reviewed the written materials submitted by the parties, and having heard testimony and oral argument of the interested parties on decision and order.

STATEMENT OF REASONS FOR DECISIONS

1. The Government Records Access and Management Act (GRAMA) specifies that "all records are public unless otherwise expressly provided by statute." Utah Code Ann. 63-2-201(2) (1992 Supp.).

2. GRAMA also provides that records that are properly classified as "protected'' are not public. Utah Code Ann. 63-2- 201(3) (1992 Supp.).

3. The records of the investigation in question have been properly classified as protected under Utah Code Ann. 63-2- 304(8)(d) and (e).

4. The Records Committee may, nevertheless, order disclosure of the records of the investigation under Utah Code Ann. 63-2- 403(11)(b) on the ground that ''the public interest favoring access outweighs the interest favoring restriction of access." Id.

5. The Records Committee finds that the interest of Mr. Haywood in disclosure is not a "public interest [that] outweighs the interest favoring restriction of access." Id.

ORDER

THEREFORE IT IS HEREBY ORDERED THAT the decision of the Department of Corrections is affirmed and the appeal is denied.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 and 63-2-502(7) (1992). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 30th day of June, 1993.

BY THE STATE RECORDS COMMITTEE,
MAX J. EVANS, Chairman.