Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 98-06

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

WILLIAM T. JACOB, Appellant, vs.

AMERICAN FORK CITY, Appellee.

DECISION AND ORDER
Case No. 98-06

Appellant, William T. Jacob, seeks an order requiring Appellee to supply records consisting of "1 set of copies of the written documents and/or electronic data storage of the investigation of the Police Department 'started by Councilmembers Storrs and McKinney'; as referred to by Councilmember Brown on p. 37 of the City Council Minutes dated 05/14/97."

Appellant appeared in his own behalf and presented documentation, witnesses and argument. Appellee was represented by Kevin R. Bennett, Esq., Attorney for American Fork City, and presented documentation, witnesses and argument. The State Records Committee, having reviewed the written materials submitted by the parties and having heard testimony, argument and public comment, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The appeal is denied. There are no records meeting the description of the request, based on evidence presented at the hearing.

ORDER

WHEREFORE, it is ordered the Appellant's request for access to the described records 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 precess 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 4th day of August, 1998.

BETSY L. ROSS, Acting Chair
State Records Committee