State Records Committee Appeal 01-09

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

WILLIAM JACOB, Petitioner, vs.

AMERICAN FORK CITY, Respondent.

DECISION AND ORDER
Case No. 01-09

By this appeal, William Jacob seeks access to records pertaining to commissions paid to Tom Hunter and/or Hunter & Associates by third parties and any documentation of services rendered by Mr. Hunter and/or his firm "to every City department on every Wednesday of each week."

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. American Fork City correctly denied Mr. Jacob's requests. Based on evidence presented at the hearing, the Committee is persuaded that the City does not have the requested records in its possession. First, it does not appear any documentation exists regarding services rendered by Mr. Hunter and/or his firm "to every city department on every Wednesday of each week."

2. Second, regarding commissions paid to Tom Hunter and/or Hunter & Associates, the Committee finds Utah Code 63-2-301(1)(j) and -301(2)(c) inapplicable to records in the possession of Mr. Hunter and/or his firm. The Committee is not persuaded by Mr. Jacob's argument that the requested records are in the City's "constructive possession" by virtue of insurance agent relationship that exists between the firm and the City.

3. The Committee does not have the authority under the Government Records Access Management Act to order the disclosure of records created by a private entity and in the possession and control of a private entity.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal of Mr. Jacob is denied in its entirety.

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