The three-member board heard an appeal Monday by the Deseret Morning News after the newspaper had been denied documents - including the investigative report - it requested under the state Government Records Access and Management Act (GRAMA).
Jeff Hunt, an attorney representing the Deseret Morning News, told the panel that the documents were improperly classified as "protected" and that the public deserves to know how the county deals with sexual harassment allegations against a top official.
"There is a public interest in finding out what the report says. Was it a serious investigation or was it a whitewash?" Hunt said. "You can only make that determination by looking at the report."
On Oct. 6, Marcia Rice, an administrative coordinator in the County Clerk's Office, filed suit in U.S. District Court for Utah, claiming sexual harassment and seeking unspecified monetary damages. Rice continues to work in the clerk's office.
Floros retired Jan. 31 after Rice filed a formal complaint with the county's personnel office. Salt Lake County hired two outside lawyers to investigate the allegations. The findings from that 100-hour probe are included in the documents sought by the News.
Hunt told the panel the investigative report should not be classified as "protected" because Rice is proceeding publicly in court. In addition, he said that Floros no longer was employed by Salt Lake County. "Investigative reports are deemed 'public' under the law," he said.
But Valerie Wilde, assistant district attorney, told the panel the documents surrounding the allegations were classified as "protected" because all county investigations into sexual harassment seek to safeguard the privacy of those making the allegations as well as those who are being accused.
If the documents were to be released, Wilde said, it would have a chilling effect on future investigations because employees would fear coming forward.
"We have an obligation to treat these allegations within our policies," she said. "It helps all county [personnel] investigations to know that these documents are confidential."
csmart@sltrib.com
