State Records Committee Appeal 98-04

WILLIAM T. JACOB, Appellant vs.

AMERICAN FORK CITY, Appellee

DECISION AND ORDER

Case No. 98-04

Appellant, William T. Jacob, seeks an order requiring Appellee to supply records consisting of a letter from former Mayor Jess Green to American Fork Police Chief John Durrant, dated on or about August 9, 1997, allegedly regarding termination of Mr. Durrant's employment as Police Chief.

Appellant appeared in his own behalf and through counsel, and presented documentation, witnesses and argument. Appellee was represented by Kevin R. Bennett, Esq., Attorney for American Fork City, and presented documentation, witnesses and argument. The State Records Committee, having reviewed the written materials submitted by the parties and having heard testimony, argument and public comment, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The appeal is denied. The indicated letter is "protected" under Utah Code Ann. 63-2-304(9)(a) and (b) as a record created or maintained for "discipline" purposes and reasonably could be expected to interfere with investigations undertaken for "discipline" purposes or with "disciplinary . . . proceedings." It is hoped that pending investigations and litigation will resolve the concerns of the parties and the public.

ORDER

WHEREFORE, it is ordered that Petitioner's request for access to the requested records 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 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 30th day of April, 1998.

BETSY L. ROSS, Acting Chair
State Records Committee