State Records Committee Appeal 01-08

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

MARY JEAN MEATS, Petitioner,

vs.

LOGAN CITY, Respondent.

DECISION AND ORDER
Case No. 01-08

By this appeal, Mary Jean Meats seeks access to various records in the possession of the Logan City Police Department. Specifically, she requests (1) "the original and hard carbon copy" of a dog license she issued while she was a city employee; (2) documentation regarding a complaint she made against Amber Anderson for allegedly accessing "a secured police building through the security rear entrance door"; (3) copies of "all investigations rendered on me"; (4) copies of all documents related to a sexual harassment complaint made against her supervisor, including notes of Mark Sorensen, City Attorney, (5) a "complete copy of the Garrity rules and regulations"; and (6) a copy of notes taken by Sgt. Eric Collins "that were made when he was a witness when [Mrs. Meats] filed with Lt. Earl a request for religious accommodation."

The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony on October 10, 2001, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. Mrs. Meats' appeal is denied in part and granted in part. It appears that the City has made a good faith attempt to produce all records in its possession pertaining to her. Petitioner did provide some evidence, however, that the City did not thoroughly search all electronic mail records in its possession. Specifically, Petitioner produced an electronic mail message within the scope of her request that was not previously provided by the City.

2. The City agreed it would conduct another search of all records in its possession, including electronic mail, and provide records within the scope of Mrs. Meats' requests to her.

3. The City also acknowledged it has not produced certain records containing attorney-client communications or work product. In accordance with Utah Code 63-2-205, the City is ordered to identify the documents withheld and provide citations to the legal authority that exempt said records from disclosure.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Mrs. Meats is denied in part and granted in part, as set forth herein.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to the 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 (2001). The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 15th day of October, 2001.

BY THE STATE RECORDS COMMITTEE

Cherie Willis,Chairperson

State Records Committee