Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 94-11

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

WILLIAM REMINE, Appellant v.

UTAH BOARD OF PARDONS AND PAROLE, Appellee

DECISION AND ORDER, Case No. 94-11

By this appeal, William Remine seeks an order compelling Appellee, represented by Assistant Attorney General James H. Beadles, to release to Appellant all records that the Board of Pardons and Parole has regarding him that are classified as "protected." Mr. Remine does not dispute that the requested records meet the definition of "protected" provided in the Government Records Access and Management Act (GRAMA), but urges they should nonetheless be released to him under the weighing provision of Utah Code Ann. 63-2-403(11)(b).

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 denied. Some of the material requested consists of notes or internal memoranda prepared as part of the deliberative process of the Board of Pardons and as such is not within the definition of record and hence is not releasable under Utah Code Ann. 63-2-201(1). See Utah Code Ann. 63-2-103(18)(b)(ix).

The remainder of the material requested by Appellant is "protected" under Utah Code Ann. 13-2-304(12), as conceded by Appellant. The Board further determines that the public interest favoring access does not outweigh the interest favoring restriction of access and therefore affirms Appellee's denial of the request of Appellant. See Utah Code Ann. 63-2-403(11)(b).

ORDER

WHEREFORE, it is Ordered that Appellant's appeal is denied and the Board's decision is affirmed.

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. 63-2-402 & 502(7). The Court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.

Entered this 4th day of August, 1994.

MAX J. EVANS,
Chair State Records Committee.