State Records Committee Appeal 99-09

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

MARY JEAN MEATS, Appellant vs.
LOGAN CITY POLICE DEPARTMENT, Appellee.

DECISION AND ORDER
Case No. 99-09

Appellant, Mary Jean Meats, sought an order of the Committee requiring Appellee to supply her a copy of her "complete employee file maintained by" Appellant and copies of "anything [with her] name mentioned in [its] management files." Appellant sought these records in order to prepare herself for a grievance proceeding set to be heard before Appellee. Appellee had maintained and continued to maintain at the hearing that there are no remaining records answering Appellant's description that had not already been provided to Appellant, but acknowledged that additional records might be generated, and possibly even found, that would meet the description of the requested documents. Appellant did not dispute that any records of the type requested are properly releasable to Appellant.

The appeal was heard by the Records Committee on September 22, 1999. Appellant appeared in her own behalf, and presented testimony and argument. Appellee was represented by Mark A. Sorenson, 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 conditionally granted. Appellant argued that unproduced documents of the type requested must exist based on certain alleged circumstances and alleged statements of others. Appellee reported that its inquiries and searches had turned up no documents of the type requested that had not already been produced. The Committee was unable conclusively to determine whether any unprovided records of the type requested exist. However, upon the good faith acknowledgment of Appellee that additional records might be generated, and possibly even found, the Committee orders, conditionally, that if such records do appear, copies thereof shall be provided to Appellant up to the time of any grievance proceeding. Any records of the type described that are found or generated after the proceeding are releasable to Appellant upon her further proper GRAMA request.

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated record is conditionally granted, as described 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. Inasmuch as there is uncertainty whether additional records as requested exist, Appellee shall file a notice of compliance under Utah Code Ann. 63-2-403(14)(a) only if it becomes aware of additional or found records of the type described, and produces copies of them as ordered. 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