State Records Committee Appeal 99-11

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

DAVID E. SCHLOTTMAN, Appellant vs.
DEPARTMENT OF COMMERCE, Appellee.

DECISION AND ORDER
Case No. 99-11

Appellant, David E. Schlottman, sought an order of the Committee requiring Appellee to supply him a copy of "All records including secret records in my file" (emphasis in original) that Appellee maintained in Appellant's disciplinary file. The appeal was heard by the Records Committee on November 10, 1999.

Appellant appeared in his own behalf, and presented testimony and argument. Appellee was represented by Thom D. Roberts, Esq. and Walter (Ray) Walker, Esq., and presented testimony and argument. Both parties had presented written documentation in advance of or at the hearing or both. 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. The records are correctly classified as protected under Utah Code Ann. 63-2-304(9). However, the Committee chose to weigh the various interests and public policies pertinent to the classification and disclosure or nondisclosure under Utah Code Ann. 63-2-304(11)(b), which necessitated review in camera of the disputed records. Upon that review and weighing, the Committee determines that "the public interest favoring access" does not "outweigh[] the interests favoring restriction of access," and hence Appellant's request for the records is denied. Appellee shall supply a list of the records to which access was requested and denied, under Utah Code Ann. 63-2-205(2)(a).

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated record is denied, but Appellee shall supply the above indicated list.

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. In order to protect rights of appeal, a party may wish to seek advice from an attorney.

Entered this 15th day of November, 1999.

Betsy L. Ross,
Chair State Records Committee