State Records Committee Appeal 98-02

ELLIS DEAN HOVEY, Appellant vs.

UTAH DEPARTMENT OF HUMAN SERVICES, Appellee

DECISION AND ORDER

Appellant, Ellis Dean Hovey, seeks an order requiring Appellee to supply from its records the address and telephone number of his son, Nicholas Todd Hovey, who resides with his mother, Kris Ann Lindsay, who has legal custody of Nicholas. Kris Ann Lindsay is required under a 1993 court order to inform Appellant of her current address and telephone number, which would be the same as those for Nicholas.

Appellant appeared in his own behalf, and presented documentation, witnesses and argument. Appellee was represented by Craig Bunker, legal counsel, and presented documentation, witnesses and argument. 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. The information requested was properly classified by Appellee as "private" under Utah Code Ann. 63-2-302(2)(d). However, the Committee determines under Utah Code Ann. 63-2-403(11)(b) that upon consideration and weighing of the various interests and public policies pertinent to classification and disclosure or non disclosure, that the public interest favoring access outweighs the interest favoring restriction in this case.

ORDER

WHEREFORE, it is ordered that Appellant's request for access to the address and telephone number of Nicholas Todd Hovey is granted.

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 and governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404(1997) and 63-2-502(7)(1997). 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 20th day of March, 1998.

MAX J. EVANS,
Chair, State Records Committee