State Records Committee Appeal 94-15

LINDA A. WATSON, Appellant, vs.

UTAH DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY SERVICES

DECISION AND ORDER, CASE NO. 94-15

Appellant Linda A. Watson, through counsel, seeks an order reversing Appellee's denial of Appellant's request for certain records that are held by Appellee. The records in question are two letters from Dr. Kevin Gully (a supervising therapist for minor children of Ms. Watson) and a complete unredacted letter of a third party. The Division has supplied a redacted copy of the third party letter.

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

STATEMENT OF REASONS FOR DECISION

The Appeal is denied. It arose in the hearing that Appellant already has obtained the two letters from Dr. Gully from another source independent of the Government Records Access and Management Act (GRAMA). Thus, the appeal is denied as to those two letters on the grounds the request and appeal are moot.

The Committee determines that Utah Code Ann. 62A-4a-412 and 78-3a-314(5) do not supersede GRAMA as to the third-party letter inasmuch as that letter is not covered by those sections because it was not obtained as a result of a report. Rather, the redacted portion of the letter is "protected" under Utah Code Ann 63-2-304(8)(d) and 63-2-304(9). As a "protected" document the unredacted third-party letter is not subject to release to Appellant.

ORDER

WHEREFORE, it is ordered the Appellant's appeal is denied.

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 and 63-2-502(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. This notice is required by Utah Code Ann. 63-2- 403(12)(d).

Entered this 28th day of October, 1994.

MAX J. EVANS,
Chair, State Records Committee