State Records Committee Appeal 94-12

ABIGAIL W. DELFAUSSE, Appellant v.

UTAH STATE UNIVERSITY, Appellee.

DECISION AND ORDER, Case No. 94-12

By this appeal, Abigail W. Delfausse seeks an order compelling Appellee, Utah State University, represented by Assistant Attorney General Robert D. Barclay, to release to Appellant the personnel file that Utah State University has regarding her that are classified as "protected." The State Records Committee, having reviewed the written materials submitted by the parties, and having heard testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal is granted. Appellant states that she is concerned that the documents provided her by Appellee are incomplete in that they do not include all the material on which recommendations or decisions regarding her retention have been or may be made. Appellee argues that the records are "protected" under 63-2-304(27) and hence, under Utah Code Ann. 63-2-201(3), are not public and not subject to inspection and copying by Appellant. Both parties argue regarding the application of Utah Code Ann. 63-2- 403(11)(b).

The Committee determines that the records requested are properly classified by Appellee as "protected." However, the Committee also determines, under Utah Code Ann. 63-2-403(11)(b), that the public interest favoring access to the subject of the records outweighs the interest favoring restriction of access inasmuch as the Committee is persuaded, under the specific facts of this case, that the records already provided to Appellant are incomplete and Appellant reasonably needs the remaining records, here requested, for use in her grievance process.

ORDER

WHEREFORE, it is ordered that Appellant's appeal is granted, and Appellee is to supply for Appellant's inspection and copying her personnel file with 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 1st day of August, 1994.

MAX J. EVANS,
Chair, State Records Committee.