Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 98-05

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

MICHAEL A. SIMS, Appellant vs.

UTAH EDUCATION NETWORK, Appellee

DECISION AND ORDER

Case No. 98-05

Appellant, Michael A. Sims, seeks an order requiring Appellee to supply records Mr. Sims describes as the remaining pages of a report prepared by Appellee, the first page of which Appellee provided as Exhibit 11 in documents supplied June 17, 1998, and logs regarding utilization of the Internet by students and school personnel of the public schools in Utah.

Appellant appeared in his own behalf by conference telephone, and presented documentation, testimony and argument. Appellee appeared through Stephen A. Hess and George Brown, and presented documentation, testimony and argument. 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. Appellant agreed at the hearing that he was limiting his request to any remaining pages of the document appellee provided as Exhibit 11 and to the indicated logs.

Appellee stipulated to search its records to determine whether it has additional pages that were part of the document of which Exhibit 11 of Appellee's documents is the first page, and if it does have such additional pages, to provide them to Appellant. Based on that stipulation the Committee orders Appellee to provide to Appellant all the indicated additional pages if located.

Further, Appellee is ordered to provide, as public, copies of the indicated log files, except that Appellant is directed to redact and not provide any portion of the logs that identify individual persons or that link identifiable individual persons with any other information in the logs.

Authority for the disclosures ordered herein is Utah Code Ann. 63-2-201(1) and (2) (1997).

Appellee may charge a reasonable fee to cover its actual cost of duplicating and compiling the records provided, under Utah Code Ann. 63-2-203 (1997).

ORDER

WHEREFORE, it is ordered that Petitioner's request for access to the requested records is granted, as indicated 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 and governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404(1997) and 63-2-502(7)(1997). 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 29th day of June, 1998.

MAX J. EVANS,
State Records Committee