State Records Committee Appeal 99-04

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

DANIEL G. MOQUIN, Appellant, vs.
UTAH ATTORNEY GENERAL'S OFFICE, Appellee

DECISION AND ORDER

Case No. 99-04

Appellant, Daniel G. Moquin, sought an order of the Committee requiring Appellee to supply "a copy of the investigation" relating to allegations of misconduct of certain other employees of Appellee Office. Mr. Moquin's request extended to any records placed in the personnel files of those employees that arose out of the allegations. Appellant also requested copies of all documents "relied on" in preparing a May 29, 1999 letter notifying Appellant of possible discipline for his conduct relative to certain other employees in Appellee Office. The appeal was heard by the Records Committee on July 14, 1999. Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by Richard D. Wyss, 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. Appellant's request for records regarding allegations of misconduct of certain other employees in Appellee Office is granted. Those records are determined to be "formal charges or disciplinary actions against a past or present governmental entity employee" that meet the requirements of Utah Code Ann. 63-2-301(2)(o) and Rule R477-11-1 of the Utah Administrative Code and are not otherwise restricted, and hence are public records. Appellant's request for copies of records "relied on" in preparing a May 27, 1999 letter notifying Appellant of possible discipline for his conduct toward certain other employees in Appellee Office is denied, on the ground those records are "protected" under Utah Code Ann. 63-2-304(9)(a) and (b).

ORDER

WHEREFORE, it is ordered that Appellant's request for the records regarding allegations of misconduct of certain other employees in Appellee Office is granted and his request for the records of Appellee's investigation of Appellant 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 19th day of July, 1999.

Betsy L. Ross,
Chair State Records Committee