State Records Committee Appeal 95-03

WALTER E. BRANTZEG, Appellant, v.

UTAH DEPARTMENT OF CORRECTIONS, Appellee

DECISION AND ORDER CASE NO. 95-03

Appellant, Walter E. Brantzeg, seeks an order reversing Appellee's denial of Appellant's request for certain records that are held by Appellee. The records in question are stated in Appellant's records request to be "Psychological Results from Personality Inventories, and I.Q. tests given me by the Prison or Medical/Psychology department" and "reports from Dr. Austin and Dr. Waisesha [sic] stating my needs for medication I've been on, Diagnosis of problems while in Prison and notes." Appellee initially denied Mr. Brantzeg access to all the records requested on grounds they were "controlled" under Utah Code Ann. 63-2-303 or in the possession of the Board of Pardons and Parole.

Prior to the hearing (on May 5, 1995), Appellee supplied to Appellant a substantial portion of the records requested on the basis they were, upon further search and closer scrutiny, "private" records held by Appellee and releasable to Appellant as the subject of the records. However, Appellee continued to withhold certain records as "controlled," those records being the psychological results from personality inventories and I.Q. tests. Still other requested records not supplied are held by the Board of Pardons and Parole rather than Appellee. Appellant was present at the hearing before the Records Committee held May 9, 1995, and represented himself, and Appellee was represented at the hearing by Larry Tracy. 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 denied. The records remaining in Appellee's possession -- excluding those already supplied and those in the possession of the Board of Pardons and Parole -- are correctly classified as "controlled" under Utah Code Ann. 63-2-303. Further, it is determined that upon application of the "weighing" provision of Utah Code Ann. 62-2-403(11)(b), Appellee correctly withheld the remaining records it correctly classified as "protected."

ORDER

WHEREFORE, it is ordered that 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. 63-2-404 and 63-2-502(7). The Court is required to make its decision de novo. In order to protect its rights of appeal, a party may wish to seek advice from an attorney.

Entered this 11th day of May, 1995.

MAX J. EVANS,
Chair, State Records Committee.