This section contains the nature of the case and procedural background.

P was a West Valley City police officer who had relations with another woman while he was married. These relations included sexual intercourse and sodomy. P sought an order from the court to remove from his employment file all references to charges, discipline or suspension from his employment for violation of a Utah adultery statute. P has since divorced his wife of that time and alleges that the acts were consensual and private. The female involved was an unmarried adult. The conduct occurred off duty, and P was suspended for 30 days without pay. The civil service commission upheld his suspension.

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