State Records Committee Appeal 03-09

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ROBIN C. BOON, Appellant, vs.
UTAH TRANSIT AUTHORITY, Appellees.

DECISION AND ORDER

Case No. 03-09

By this appeal, Robin C. Boon challenges Utah Transit Authority's denial of access to the handwritten notes of Lorin Simpson and "other documents prepared by Lorin Simpson and Nancy Malecker" concerning appellant's 2002 performance review. The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony on June 18, 2003, now issues the following Decision and Order.

STATEMENT OF REASONS FOR DECISION

1. The Government Records Access and Management Act ("GRAMA") specifies that "all records are public unless otherwise expressly provided by statute." Utah Code Ann. 63-2-201(2). Records that are not public are designated as either "private," "protected," or "controlled." See Utah Code Ann. 63-2-302, -303 and -304.

2. UTA denied access to the records sought on the grounds that the records sought were not "records" as that term is defined under GRAMA. More precisely, UTA asserts that the requested notes are governed by Utah Code Ann. 63-2-103(19):

(b) "Record" does not mean:

(i) temporary drafts or similar materials prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom he is working;

. . . .

(vii) daily calendars and other personal notes prepared by the originator for the originator's personal use or for the personal use of an individual for whom he is working;

Id.

3. The Committee heard testimony that the records in question were kept in the ordinary course of business, shared between supervisors and maintained in such a way that a supervisor could consider them during the disciplinary process. Some of the notes were typed. The Committee did not have specific evidence before it indicating that information in these notes was actually considered or used as a basis for appellant's termination.

4. After carefully considering arguments from both parties, the Committee finds that the records withheld do not fall within the definition of Utah Code Ann. 63-2-103(19) and should instead be classified as "private" under Utah Code Ann. 63-2-302(1)(f) and (2)(a). As the subject of the records, appellant is entitled to access under Utah Code Ann. 63-2-202(1)(a). Disclosure shall be subject to any lawful segregation that may be appropriate under Utah Code Ann. 63-2-307.

ORDER

THEREFORE, IT IS ORDERED THAT the appeal is granted. Utah Transit Authority's determinations regarding the classification of the requested records is reversed and disclosure is hereby ordered as set forth above.

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 Utah Code Ann. 63-2-404. 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 23rd day of June 2003.

BY THE STATE RECORDS COMMITTEE

Robert Woodhead, Chairman
State Records Committee