Sociology > Education > Utah 2005: Lunatic Barbara Schwarz loses yet another frivolous lawsuit
| Topic: |
Sociology > Education |
| User: |
"GarryS" |
| Date: |
22 Mar 2005 12:28:44 AM |
| Object: |
Utah 2005: Lunatic Barbara Schwarz loses yet another frivolous lawsuit |
State Records Committee Appeal Decision Summaries, 2004-2005
Schwarz vs. University of Utah -
Any records on Barbara Schwarz or Schwartz, Mark C. Rathbun, Mark de
Rothschild, Scientology, Church of Scientology, L. Ron Hubbard, and
Dwight David Eisenhower.
Appeal Denied
-------------------------------------------------------------------
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
BARBARA SCHWARZ, Petitioner/Appellant,
vs.
UNIVERSITY OF UTAH, Respondent/Appellee.
DECISION AND ORDER
Case No. 05-04
By this appeal, Barbara Schwarz seeks an order of the Committee
requiring that the University of Utah provide her with: " (1) Any
records on me, Barbara Schwarz, and also the often misspelled version
of my name, Schwartz; (2) Any records on Mark C. Rathbun, and also the
name Mark de Rothschild; (3) Any records on Scientology, or Church of
Scientology; (4) Any records on deceased Scientology founder L. Ron
Hubbard; (5) Any records on the former president Dwight David
Eisenhower." Petitioner indicated further that the search was to be
conducted "in all your university components, all divisions and all
offices, in all your records systems from present time as far back as
you can . . . ." The State Records Committee, having reviewed the
materials submitted by the parties, and having heard oral argument and
testimony of the parties on February 10, 2005, now issues the following
Decision and Order.
STATEMENT OF REASONS FOR DECISION
1=2E The Government Records Access and Management Act ("GRAMA")
specifies that "[a]ll records are public unless otherwise expressly
provided by statute." Utah Code Ann. =A7 63-2-201(2). "Every person
has the right to inspect a public record free of charge and the right
to take a copy of a public record during normal working hours subject
to Sections 63-2-203 and 63-2-204." Utah Code Ann. =A7 63-2-201(1).
Records classified as "private, controlled or protected" or
otherwise "restricted pursuant to court rule, another state statute,
federal statute, or federal regulation . . ." are not public. Utah
Code Ann. =A7 63-2-201(3).
2=2E A person making a records request to a governmental entity must
identify the record with "reasonable specificity." Utah Code Ann.
=A7 63-2-204(1). The Act also recognizes that a "government entity is
not required to create a record in response to a request." Utah Code
Ann. =A7 63-2-201(8)(a).
3=2E The issue before the Committee is whether, under the totality of the
circumstances, Petitioner has provided the University with a legally
sufficient description of the records she seeks. Under Utah Code Ann.
=A7 63-2-204(1), that description must identify the records sought with
reasonable specificity. After considering the breadth of these requests
and the vast quantities of records held by University administration
and its departments, the Committee is persuaded that Petitioner's
request fails to comply with Utah Code Ann. =A7 63-2-204(1). Under this
section, a request should be specific enough that a records manager who
is familiar with the agency's records would understand which records
are being sought. Petitioner has not described the records she seeks
with sufficient detail. Therefore, we deny her appeal.
ORDER
WHEREFORE, IT IS ORDERED THAT the appeal of Ms. Schwarz is denied for
the reasons set forth above.
RIGHT TO APPEAL
Either party may appeal this Decision and Order to the 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 Utah Code Ann. =A7 63-2-404. 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 15th day of February, 2005.
BY THE STATE RECORDS COMMITTEE
Patricia Smith-Mansfield, Chairperson
State Records Committee
http://www.archives.state.ut.us/appeals/indxtabl5.htm
.
|
|
| User: "Larry T. no spam" |
|
| Title: Re: Utah 2005: Lunatic Barbara Schwarz loses yet another frivolous lawsuit |
22 Mar 2005 12:34:59 AM |
|
|
"GarryS" <garry90069@yahoo.com> wrote in message
news:1111472924.520839.320190@o13g2000cwo.googlegroups.com...
State Records Committee Appeal Decision Summaries, 2004-2005
Schwarz vs. University of Utah -
Any records on Barbara Schwarz or Schwartz, Mark C. Rathbun, Mark de
Rothschild, Scientology, Church of Scientology, L. Ron Hubbard, and
Dwight David Eisenhower.
Appeal Denied
-------------------------------------------------------------------
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
BARBARA SCHWARZ, Petitioner/Appellant,
vs.
UNIVERSITY OF UTAH, Respondent/Appellee.
DECISION AND ORDER
Case No. 05-04
By this appeal, Barbara Schwarz seeks an order of the Committee
requiring that the University of Utah provide her with: " (1) Any
records on me, Barbara Schwarz, and also the often misspelled version
of my name, Schwartz; (2) Any records on Mark C. Rathbun, and also the
name Mark de Rothschild; (3) Any records on Scientology, or Church of
Scientology; (4) Any records on deceased Scientology founder L. Ron
Hubbard; (5) Any records on the former president Dwight David
Eisenhower." Petitioner indicated further that the search was to be
conducted "in all your university components, all divisions and all
offices, in all your records systems from present time as far back as
you can . . . ." The State Records Committee, having reviewed the
materials submitted by the parties, and having heard oral argument and
testimony of the parties on February 10, 2005, now issues the following
Decision and Order.
STATEMENT OF REASONS FOR DECISION
1. The Government Records Access and Management Act ("GRAMA")
specifies that "[a]ll records are public unless otherwise expressly
provided by statute." Utah Code Ann. § 63-2-201(2). "Every person
has the right to inspect a public record free of charge and the right
to take a copy of a public record during normal working hours subject
to Sections 63-2-203 and 63-2-204." Utah Code Ann. § 63-2-201(1).
Records classified as "private, controlled or protected" or
otherwise "restricted pursuant to court rule, another state statute,
federal statute, or federal regulation . . ." are not public. Utah
Code Ann. § 63-2-201(3).
2. A person making a records request to a governmental entity must
identify the record with "reasonable specificity." Utah Code Ann.
§ 63-2-204(1). The Act also recognizes that a "government entity is
not required to create a record in response to a request." Utah Code
Ann. § 63-2-201(8)(a).
3. The issue before the Committee is whether, under the totality of the
circumstances, Petitioner has provided the University with a legally
sufficient description of the records she seeks. Under Utah Code Ann.
§ 63-2-204(1), that description must identify the records sought with
reasonable specificity. After considering the breadth of these requests
and the vast quantities of records held by University administration
and its departments, the Committee is persuaded that Petitioner's
request fails to comply with Utah Code Ann. § 63-2-204(1). Under this
section, a request should be specific enough that a records manager who
is familiar with the agency's records would understand which records
are being sought. Petitioner has not described the records she seeks
with sufficient detail. Therefore, we deny her appeal.
ORDER
WHEREFORE, IT IS ORDERED THAT the appeal of Ms. Schwarz is denied for
the reasons set forth above.
RIGHT TO APPEAL
Either party may appeal this Decision and Order to the 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 Utah Code Ann. § 63-2-404. 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 15th day of February, 2005.
BY THE STATE RECORDS COMMITTEE
Patricia Smith-Mansfield, Chairperson
State Records Committee
http://www.archives.state.ut.us/appeals/indxtabl5.htm
CONGRATULATIONS! To Patricia Smith-Mansfield!
I make some dumb mistakes, but "lawsuiting jus for fun" is not one of them.
I am glad you posted this Garry. Nessie told me once that Barbara and Koos
were both a little crazy and I did not believe it. I stand corrected. But,
who can do anything about it Garry and WHY?
http://larryontheweb.freeservers.com
© 2005 Lawrence Toomajan
.
|
|
|
|
|
Related Articles |
|
|
