State Records Committee Appeal 99-07

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

JULIAN HATCH, Appellant, vs. UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION, Appellee

DECISION AND ORDER

Case No. 99-07

Appellant, Julian Hatch, sought an order of the Committee requiring Appellee to supply to Appellant copies of three categories of records, as follows: a. All records between Chris Robinson and the Trust Lands Administration in 1998-1999 regarding Boulder property; b. Gibbs Smith's Application (and attachments) to Lease the subject property per a Trust Lands Administration letter to Appellant dated February 26, 1999; c. Smith's Request for Confidentiality of Business Records related to the Application.

The appeal was heard by the Records Committee on September 8, 1999. Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by John W. Andrews, Esq., and presented testimony and argument. Both parties had presented written documentation in advance of the hearing, it being noted that though Appellee's written response dated September 7, 1999 was delinquent as being supplied only the day before the hearing, Appellant expressly waived objection to going forward with the hearing as scheduled.

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 denied. No records of the indicated communications between Mr. Robinson and the agency remain, those communications having been conducted by telephone or e-mail and the e-mails having "been deleted from the agency's computer system as part of routine system maintenance," as stated by Appellee. The Application to lease the property and Mr. Smith's request for confidentiality were supplied to Appellant on September 8, 1999. The remaining records regarding Mr. Smith's Application are determined to be protected under Utah Code Ann. 63-2-304(2), (4) and (6) and 63-2-308. Appellee is advised to work with the Division of Archives and Records Service to improve its handling of records and is also advised to revise its business confidentiality form so as to require the applicant to concisely state the basis for his claim of business confidentiality in his own words, and to delete the statement in the application that confidentiality will be presumed if it is not specifically claimed.

ORDER

WHEREFORE, it is ordered that Appellant's request for the remaining unsupplied indicated records 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 13th day of September, 1999.

Betsy L. Ross,

Chair State Records Committee