State Records Committee Appeal 99-08

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

GREGORY T. DUNN, Appellant vs.
TOOELE CITY, Appellee.

DECISION AND ORDER Case No. 99-08

Appellant, Gregory T. Dunn, sought an order of the Committee requiring Appellee to supply him information regarding, and access to, records of Appellee City that reflect claims against the City. Appellee had provided certain information regarding the requested records, but had redacted the names and addresses of claimants and had denied access to the records themselves that include names and addresses of claimants as "private" records, on grounds releasing those names and addresses would be disclosure constituting "a clearly unwarranted invasion of personal privacy" under Utah Code Ann. 63-2-302(2)(d).

The appeal was heard by the Records Committee on September 22, 1999. Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by Roger Baker, Esq., and presented testimony and argument. Both parties had presented written documentation in advance of the hearing, Appellee's documents including certain disputed records presented to the Committee only. 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. The Committee determines that the indicated records are "public" under Utah Code Ann. 63-2-201(2) and that their inclusion of names and addresses does not render them "private" under Utah Code Ann. 63-2-302(2)(d). This Order allowing access to the records of claims against the City extends to records of concluded claims, but not records of pending claims, Appellant having stipulated at the hearing that he does not seek records of pending claims. It is in the public interest to allow access to these documents that show how public monies are being spent. It is noted that both parties conscientiously considered and presented their positions, and there is no appearance of bad faith on the part of either.

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated record is granted, as detailed above.

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). In an appeal to the District Court, the parties shall be the same as in the proceeding before the Committee, though the Records Committee shall be added as a party defendant under Utah Code Ann. 63-2-404(1)(c). The Court is required to make its decision de novo. If production of records is ordered and the party ordered does not appeal, it must file a notice of compliance with the Records Committee under Utah Code Ann. 63-2-403(14)(a). In order to protect rights of appeal, a party may wish to seek advice from an attorney.

Entered this 27th day of September, 1999.

Betsy L. Ross,
Chair State Records Committee