The Deseret Morning News and Salt Lake County are gripped in an ongoing legal battle over access to an investigative report on allegations of sexual harassment in the county clerk's office — and if the newspaper prevails, that could jeopardize future investigations, according to a lawyer for the county.
The News maintains the report is public information under the state's open records law, while the county insists it is a private and protected document. The newspaper sued the county in 2005 seeking access to the report.
"We do think if the court determines this report is public, it is essentially releasing all investigative reports in the county," attorney Valerie Wilde told 3rd District Judge Tyrone Medley Thursday. This could impede future civil rights discrimination investigations because participants who expect confidentiality may not be completely candid if they fear what they say will become public, she said.
But Jeff Hunt, attorney for the newspaper, argued the judge has been asked to rule solely on this particular case, and in any event, the facts in this situation are so unique it is "highly unlikely" a case that duplicates it will emerge again. "Disclosing this report may encourage victims to come forward because it could show the county has an effective complaint process," Hunt said.
Medley said he will issue a written ruling and hopes to do so in 30 days, but may need more time because he begins a rotation of handling criminal cases next week.
A former county clerk's office employee, Marcia Rice, filed a complaint with her superiors and eventually a lawsuit, alleging Chief Deputy Clerk Nick Floros had sexually harassed her while on the job. Rice also maintained Salt Lake County Clerk Sherrie Swensen knew of Floros' improper behavior but ignored it.
Swensen handed the complaint to the Salt Lake County district attorney, who hired two independent investigators to check evidence and interview witnesses. After 100 hours, they concluded Floros did act inappropriately and recommended he be fired, but Floros first resigned his job and then retired before that could happen.
Meanwhile, the county insists Yocom's report falls under the exceptions in the Utah Government Records and Access Management Act (GRAMA), terming it "private" and "protected" as well as "an attorney work product" prepared for litigation.
The Deseret Morning News, on the other hand, maintains the report does not fall under those exceptions, Hunt said. There is no risk of "unwarranted intrusion" into someone's privacy because Rice made herself public by going to court, and partial information about Floros was disclosed publicly by the county through other means than releasing the full report.
"The public has an interest in the full results of the investigation, not a filtered version," Hunt said.
Hunt argued the county's claim that the report could have disputed facts or portray some people in a false light is not a GRAMA exception. "The issue is not whether the investigative findings are true but that the public find out what those conclusions are."
E-mail: lindat@desnews.com