State Records Committee Appeal 99-03

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

LEO T. DIRR, Appellant, vs
WEBER STATE UNIVERSITY, Appellee.

DECISION AND ORDER

Case #99-03

Appellant Leo T. Dirr sought an order of the Committee requiring Appellee to supply vote tallies and computer log server lists regarding a student election held at Weber State University in April of 1999. After Appellant's request of Appellee for the records, Appellee had reviewed the records and classified them as "protected" under Utah Code Ann. 63-2-304(9). Appellee thereafter appealed this classification to the State Records Committee. The appeal was heard by the Records Committee on June 9, 1999. Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by G. Richard Hill, Esq., and presented testimony and argument. Both parties had presented written documentation in advance of the hearing. The State Records Committee, having reviewed the written materials submitted by the parties and having heard the testimony and argument of the parties, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The Appeal is granted in part and denied in part. The vote tallies are reclassified as "public," the Committee determining they are not properly classifiable as "protected" under Utah Code Ann. 63-2-304(9). Appellant's request for the computer log server lists is denied on grounds they are properly classified as "protected" under Utah Code Ann. 63-2-304(9) and are not properly disclosable under Utah Code Ann. 63-2-403 (11)(b).

ORDER

WHEREFORE, it is ordered that Appellant's request for the vote tallies is granted and his request for the computer log server lists is denied.

RIGHT TO APPEAL

The terms of this section titled "Right to Appeal" are required by statute to be included in the Order. Either party may appeal this Decision and Order to District Court. The petition for review must be filed no later than thirty (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 rights of appeal, a party may wish to seek advice from an attorney.

Entered this 10th day of June, 1999.

Jeffery O. Johnson,
Chair pro tem State Records Committee