State Records Committee Appeal 94-08

WILLIAM REMINE, Appellant vs.

UTAH STATE DEPARTMENT OF CORRECTIONS, Appellee

DECISION AND ORDER, CASE NO 94-08

By this appeal, Appellant, William Remine, seeks an order compelling Appellee to release to him the following records:

1) Policy documents including FDr 25, FGr 25 and policy documents that govern anything required to be logged in the daily unit log;

2) A list of inmates (and USP numbers) who are housed in Section #4 of Uinta II from January 1993 through December 1993;

3) A list of staff who worked in Uinta II from January 1993 through December 1993.

Appellant appeared personally at the hearing held June 21, 1994. Appellee appeared at the hearing through employees.

The State Records Committee, having reviewed the written materials submitted by the parties, and having heard the testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal regarding the policy documents identified in 1) above, is denied. Those documents are "protected" under Utah Code Ann. 63-2-304(11) (1993 Supp.).

The appeal regarding release of the list of inmates identified in 2) above is granted/ insofar as the list of the indicated inmates is a general list not including USP numbers and not requiring further breakdowns or specifics. The classification of those records as "protected" under Utah Code Ann. 63-2-304(11) is confirmed, but the Committee concludes that the public interest favoring the indicated access under the facts of this case outweighs the interest favoring restriction of access. See Utah Code Ann. 63-2-403(11) (b) (1993 Supp.). The appeal regarding release of the list of staff identified in 3) above is granted, insofar as the list is general, not requiring specifics such as shifts worked or more specific information regarding assignments. The basis for release is the same as for the list of inmates discussed above.

ORDER

WHEREFORE, IT IS ORDERED that Appellant's appeal is granted in part and denied in part, the policy documents identified in 1) above not be released, but the lists identified in 2) and 3) above to be released to Appellant in accordance with the previously stated reasons for the decision and the limitations stated therein. The documents to be released shall be supplied at a reasonable cost to Appellant as set by Appellee.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to 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. 63-2-402 & 502(7). 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 23rd day of June, 1994.

MAX J EVANS,
Chair, State Records Committee