Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 94-16

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

SALT LAKE CITY CORPORATION, Appellant, vs.

INDUSTRIAL COMMISSION OF UTAH, Appellee.

DECISION AND ORDER, CASE NO. 94-16

Appellant Salt Lake City Corporation, through counsel, seeks an order reversing Appellee's denial of Appellant's request for certain records that are held by Appellee. Appellant is represented by Jodi L. Howick, Esq. and Frank Nakamura, Esq., and Appellee is represented by Alan L. Hennebold, Esq. The records in question are described by Appellant as follows:

A "Rebuttal to City's Response'' (the "Rebuttal") filed by LaMar C. Macklin in the Matter of LaMar C. Macklin v. Salt Lake City Corporation before the UADD (the "Matter").

A "Withdrawal of Charge" (the "Withdrawal") filed by LaMar C. Macklin in the Matter.

All other documents, exhibits, addenda, etc. which are relevant to the claims made by LaMar C. Macklin against Salt Lake City Corporation in the Matter.

It appears that Appellant included the last of these three types of records in its request for completeness, but has withdrawn its request for that encompassing type of record.

The State Records Committee, having reviewed the written materials submitted by the parties and having heard testimony and argument, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The Appeal is granted as to the Rebuttal and the Withdrawal. Utah Code Ann. 34-35-7 (14) does not apply to the circumstances of this case in which a party to proceedings requests records that are in the nature of pleadings in those proceedings. Thus, the indicated records are public records to be made available to Appellant under Utah Code Ann. 63-2-201(1) and (2).

ORDER

WHEREFORE, it is ordered that the Appellant's appeal as to the Rebuttal and the Withdrawal is granted.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to District Court. The petition for review must be filed no later than 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. 63-2-402 and 63-2-502(7). 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 17th day of November, 1994.

MAX J. EVANS,
Chair State Records Committee