State Records Committee Appeal 99-01
UTAH DEPARTMENT OF CORRECTIONS, Appellee
Appellant Paul Knoll sought an order of the Committee requiring Appellee to supply records originally described in his March 26, 1998 writing to Appellee as a "complete list of all incoming, outgoing mail sent to or by me since I got here at prison in 7/27/82. Names, addresses, dates, books, sender, titles, magazines - advertisement, the works - ENJOY." Appellee Department denied this request on the ground the cost to produce the requested documents would exceed $50.00 and therefore require advance payment under Utah Code Ann. 63-2-203(8),and the advance payment was not tendered. On October 8, 1998 Appellant Knoll modified his original request for all incoming and outgoing mail since he arrived at the prison in 1982, to four periods adding up to approximately 10 years. This request was also denied by Appellee on the ground the cost to produce the documents would exceed $50.00 and therefore require advance payment which was not tendered. The Appellant Department also reported that records prior to 1995 were not available because they had been destroyed in accordance with their retention schedule. The appeal came before the Records Committee on February 16, 1999 by telephonic conference to the prison. Appellant appeared by telephone in his own behalf, and presented testimony and argument. Appellee was represented by Ed Kingsford, and presented testimony and argument. Both parties had presented written documentation in advance of the hearing. The State Records Committee, having reviewed the written materials submitted by the parties, having heard testimony and argument and having heard the stipulations (or agreements) of the parties, now issues the following decision and order:
STATEMENT OF REASONS FOR DECISION
The parties stipulated to a resolution after each party had presented his case. Appellant Knoll will file, if he wishes, a request for copies of the documents he wants consisting of logs of correspondence going from and to him, as far back as 1995, beginning with 1995 or the present as he prefers. His first request shall be limited to no more than 200 pages since that would be within the $50.00 limit at the rate of 25 cents per page, the Prison's regular charge for copying. Appellee Department shall supply copies of the requested logs within the $50.00 limit. After Appellee has complied, Appellant may file an additional records request for not to exceed 200 additional pages, and Appellee shall comply with this request. Appellant may follow this no-more-than-200-pages-at-a-time procedure repeatedly until copies of the entire log from 1995 to the present have been provided by Appellee. Appellee shall redact information on the logs that does not apply to Appellant Knolls.
WHEREFORE, it is ordered that Appellant Knoll's request for access to the logs of his mail shall be satisfied by Appellee Department according to the terms of the stipulation recited above that was entered into at the hearing.
The terms of this section titled "RIGHT TO APPEAL" are required by statute to be included in the Order. Either party may appeal this Decision and Order to District Court. The petition for review must be filed no later than thirty (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 18th day of February, 1999.
MAX J. EVANS, Chair
State Records Committee