Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 99-13

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PENNY ATKINSON, Appellant vs.
THE CITY OF WEST JORDAN, Appellee.

DECISION AND ORDER
Case No. 99-13

Appellant, Penny Atkinson, sought an order of the Committee prohibiting Appellee from disclosing an investigation report prepared by Appellee "regarding allegations of impropriety brought against Ms. Atkinson by a co-employee," on grounds it was "protected" under Utah Code Ann. 63-2-304 (25) and "private" under Utah Code Ann. 63-2-302(2)(d).

The appeal was heard by the Records Committee on November 10, 1999. Appellant was represented by James E. Morton, Esq., and presented testimony and argument. Appellee was represented by Greg J. Curtis, Esq., and presented testimony and argument. Both parties presented written documentation in advance of or at the hearing. Oral comment of interested persons Joel Campbell and Gordon Ryan was also presented, under Utah Code Ann. 63-2-403(8). The State Records Committee, having reviewed the written materials submitted by the parties and having heard the testimony and argument of the parties and comment of interested person, now issues the following decision and order:

STATEMENT OF REASONS FOR DECISION

The Appeal is denied. The indicated records are public under Utah Code Ann. 63-2-201(2).

ORDER

WHEREFORE, it is ordered that Appellant's request to prohibit disclosure of the indicated record is denied.

RIGHT TO APPEAL

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). In an appeal to the District Court, the parties shall be the same as in the proceeding before the Committee, though the Records Committee shall be added as a party defendant under Utah Code Ann. 63-2-404(1)(c). The Court is required to make its decision de novo. In order to protect rights of appeal, a party may wish to seek advice from an attorney.

Entered this 15th day of November, 1999.

Betsy L. Ross,
Chair State Records Committee