Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 94-17

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

ROGER E. PENMAN, Appellant, v.

UTAH DEPARTMENT OF CORRECTIONS, Appellee

DECISION AND ORDER, CASE NO. 94-17

Appellant Roger E. Penman seeks an order reversing Appellee's denial of Appellant's request for certain records that are held by Appellee. The records in question are IR-1; IR-2; Supplemental Reports and Investigative Reports concerning disciplinary case No. 393-2628. The Division has supplied certain of the documents to Appellant, but has denied access to certain other of the documents it considered not covered by the request because they did not concern case No. 393-2628, and has denied access to the Investigative Reports.

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 denied as to the Investigative Reports. The request for other documents Appellant thought he was requesting, but which Appellee considered outside the scope of the request, is deferred to the Department for further review and processing because of miscommunication between the parties as to the scope of the request. The basis for denial of the request for Investigative Reports is Utah Code Ann. 63-2-304(8)(9) and (11), under which those reports were properly classified as "protected." Upon Appellant's request the Committee has weighed the pertinent interests and public policies under Utah Code Ann. 63-2-403(11)(b) and has determined that the public interest favoring access does not outweigh the interest favoring restriction of access.

ORDER

WHEREFORE, it is ordered that Appellant's appeal from the denial of his request for the investigative reports is denied.

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