From Deseret News archives:

News is denied access to report

Published: Wednesday, Dec. 22, 2004 12:00 a.m. MST
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With a unanimous vote, the Salt Lake County Council voted Tuesday to deny the Deseret Morning News access to a report giving details of allegations of sexual harassment within the county clerk's office.

The decision was the result of an agreement between the District Attorney and the Morning News. By denying the open-records request, the paper is able to avoid months of delay and expense from litigation, said Jeff Hunt, Deseret Morning News attorney.

"Now we have the green light to go to court if the paper decides to," he said.

The district attorney's office has refused to allow the County Council access to the report, threatening to seek a preventative court order against possible review.

In past arguments, the district attorney and council have claimed that releasing the report would violate the privacy of people involved in the sexual harassment case. But Marcia Rice — who made the allegations against long-time deputy clerk Nick Floros — has since given up her right to confidentiality in the matter.

"The politics of this thing took on a life of their own," Hunt explained.

Any appeals by the paper will now go before the 3rd District Court. The Morning News has 30 days to file a petition for judicial review.

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