State Records Committee Appeal 00-02

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ROGER HUMPHRIES, Appellant, vs.
WASHINGTON COUNTY SCHOOL DISTRICT Appellee.

DECISION AND ORDER
Case No. 00-2

Appellant, Roger Humphries, sought an order of the Committee requiring Appellee to supply him copies of two psychological evaluations prepared by doctors who examined Appellant in connection with Appellee's notice of intent to terminate Humphries' employment. Appellee declined to provide the two evaluations on grounds they were "controlled" under Utah Code Ann. 63-2-303.

The appeal was heard by the Records Committee on February 9, 2000. Appellant was represented by Geoffrey W. Leonard, Esq., and presented argument. Appellee was represented by Bless Young, Assistant Attorney General for the State of Utah, and presented testimony and argument. Both parties also presented written documentation and argument. 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 "controlled" under Utah Code Ann. 63-2-303. In view of the facts of the case and the nature of "controlled" psychological evaluations, the Committee declines Appellant's request that the Committee weigh factors under Utah Code Ann. 63-2-403(11).

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 10th day of February, 2000.

Betsy L. Ross, Chair
State Records Committee