State Records Committee Appeal 99-15

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

CATHY CARTWRIGHT, Appellant, vs.
UTAH DEPARTMENT OF CORRECTIONS, Appellee.

DECISION AND ORDER
Case No. 99-15

Appellant, Cathy Cartwright, sought an order of the Committee requiring Appellee to supply her copies of the completed criteria forms for the two CA II positions and the one CA IV position and copies of the completed CA Interview Notes for those same positions.

The appeal was heard by the Records Committee on December 8, 1999. Appellant appeared in her own behalf, and presented testimony and argument. Appellee was represented by Ed Kingsford, and presented testimony and argument. Both parties had presented written documentation in advance of 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 granted. 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 non-disclosure under Utah Code Ann. 63-2-403(11)(b), which necessitated review in camera of the disputed records. Upon the review and weighing, the Committee determines that "the public interest favoring access outweighs the interest favoring restriction of access," and hence Appellant's request for the records is granted. Use and disclosure of the records ordered released shall be limited to use in the grievance procedure identified by Appellant in her Memorandum, under Utah Code Ann. 63-3-403(11)(c).

ORDER

WHEREFORE, it is ordered that Appellant's request for the indicated record is granted, with the above indicated limitation to use in the grievance procedure.

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 9th day of December, 1999.

Betsy L. Ross,
Chair State Records Committee