Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 95-07

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

A-1 DISPOSAL, Appellant, v.

DAVIS COUNTY SOLID WASTE MANAGEMENT AND ENERGY RECOVERY SPECIAL SERVICE DISTRICT, Appellee

DECISION AND ORDER, Case No 95-07

Appellant, A-1 Disposal, seeks an order reversing Appellee's denial of Appellant's request for two types of records: 1) Written communications between Appellee District and all haulers of waste (other than Appellant) operating in the District, from January 1, 1993 to the present, that relate to or constitute ordinance-violation citations, and 2) Written records prepared by or for Kent Lindsey regarding his observations of haulers picking up or disposing of waste from January 1, 1993 to the present. Appellant was represented by F. Mark Hansen, Esquire and Appellee was represented by Larry S. Jenkins, Esquire of Wood, Quinn & Crapo. 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 with limitations. As to the first request -- for records regarding citations -- those records are not properly classified "protected" and hence are releasable as public records under Utah Code Ann. 63-2-201. As to the second request -- for records prepared by or for Kent Lindsey regarding his observations of haulers -- those records are properly classified "protected," under Utah Code Ann. 63-2- 304(8)(e). However, under Utah Code Ann. 63-2-403(11)(b), the Committee exercises its weighing authority and determines that the interest favoring access to those records outweighs the interest favoring restriction of access, primarily because of Appellant's need for those records to defend its actions in legal proceedings relating to the allegations that Appellant has violated legal requirements.

These records ordered released under the weighing provision on grounds of need in legal proceedings are subject to use-limitations under Utah Code Ann. 63-2-403(11)(c). Under that section the Committee orders Appellant to maintain these records confidential and not to disclose them to anyone except to show a particular hauler records of its own activities, unless otherwise directed by Court order.

ORDER

WHEREFORE, it is ordered that Appellant's appeal is granted as limited above.

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. 63-2-404 and 63-2-502(7). The Court is required to make its decision de novo. In order to protect its rights of appeal, a party may wish to seek advice from an attorney.

Entered this 26th day of September, 1995.

MAX J. EVANS,
Chair State Records Committee.