From Deseret News archives:

Denial of records was illegal, justices rule

Published: Saturday, March 29, 2008 12:41 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
The Utah Supreme Court has ruled that Salt Lake County officials were wrong in denying a government records request by the Deseret Morning News seeking review of a county sexual harassment report.

In a ruling issued Friday morning, the Supreme Court unanimously ruled that government records are presumed public under the Government Records Access and Management Act and that the county had the burden to prove otherwise. In this case, the justices ruled that the public's interest in releasing the sexual harassment report outweighed the county's argument in keeping the report private.

"This is a great victory for the people's right to know and the First Amendment," said Deseret Morning News Editor Joe Cannon.

The ruling reverses a lower district court ruling by Judge Tyrone Medley, who determined the report should not be made public. The district court sided with Salt Lake County, which denied the paper's GRAMA request following an investigation of sexual harassment involving a high-ranking county official.

Deseret Morning News attorney Jeff Hunt said Friday's ruling sets an important legal precedent in ruling that reports involving alleged misconduct by public officials are of the public's interest.

Story continues below
"We're very pleased with the decision. It vindicates the public's interest in access to government records, particularly records concerned with alleged misconduct of public officials," Hunt said.

The independent report was commissioned by the Salt Lake County District Attorney's Office after a former county clerk's office employee, Marcia Rice, sued Chief Deputy Clerk Nick Floros for sexual harassment in 2003. Rice also alleged that Salt Lake County Clerk Sherrie Swensen knew of the situation but did nothing. Members of the County Council also accused former District Attorney David Yocom of soft-pedaling the investigation to allow Floros to retire.

Rice's suit was eventually settled out of court, and Floros resigned and was allowed to retire from his job before the independent report was completed.

The Deseret Morning News filed an open records request for the report, claiming the public had a right to make sure the investigation was free from any political influence. The paper also argued that privacy was not an issue because the victim of the sexual harassment already had waived her privacy interest in the report.

The county denied the request, and county officials said they owed no obligation to explain their investigation, other than to tell the public they conducted one.

Salt Lake County officials declined comment on the Utah Supreme Court ruling Friday.


Contributing: Leigh Dethman


E-mail: gfattah@desnews.com

Recent comments

It should be noted that Laura Miller argued the case for suppression...

rob | March 29, 2008 at 10:23 a.m.

Great news from the News. In our open and free democracy, very little...

mamapapaluv | March 29, 2008 at 6:57 a.m.

previousnext

Latest comments

Monson helping Ravens soar

Reid Monson basketball camp in the summer months were great times. Reid even...

Will state consider gay rights law?

I'm so sick of this. The bottom line is that gay marriage is immoral,...

BYU football recruit turning heads

He is so great. I don't know why they just don't give him the Heisman right...

What rights do gay's lack? Their options for marriage are the same as...

Chamber has state budge answers

Surprise! The business lobby wants to increase taxes on food & tobacco -...

Obviously the goals change as the season wears on. The goal of EVERY team is...

I agree Catappy, I don't think that they would have been able to find an flds...

I watched the game on BYU TV and saw that there was some questionable play...

I’m not sure which carving “out based on our beliefs” Gayle...

Gays are the real haters! They hate children, they hate familes they hate...

Advertisements
Advertisement