State Records Committee Appeal 99-12

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

SUZANNE PAPE, Appellant vs.
UTAH DEPARTMENT OF PUBLIC SAFETY, Appellee.

DECISION AND ORDER
Case No. 99-12

Appellant, Suzanne Pape, sought an order of the Committee requiring Appellee to supply her a copy of "all pre-internal affairs investigation documents requested by [Appellant]" and "all documents not created or maintained for the internal affairs investigation" pertaining to Appellee's investigation of Appellant.

The appeal was heard by the Records Committee on November 10, 1999. Appellant was represented by James Harris, Esq., and presented testimony and argument. Appellee was represented by Richard D. Wyss, 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 based on Utah Code Ann. 63-2-304(9)(a), (b), (d), and (e).

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated record 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). 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