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Yahoo
7 hours ago
- Politics
- Yahoo
Will new records director represent Utahns or the government? Cox's nominee advances
The Capitol in Salt Lake City is pictured on Thursday, Feb. 6, 2025. (Photo by Spenser Heaps for Utah News Dispatch) After an hourlong hearing on Monday with some airing concerns about perception issues over whether he'll be an unbiased and transparent records czar, a panel of Utah lawmakers voted 5-2 to forward Gov. Spencer Cox's pick for the first-ever director of the state's newly created Government Records Office to the full Senate for a final vote. If confirmed by the Senate, Lonny Pehrson will become a powerful decision-maker over which government records become public — and which ones never see the light of day. He'll be the first person to lead a new office that the Utah Legislature created to replace the 30-year-old, seven-member State Records Committee, which previously decided disputes over public records. Pehrson, who has worked as records counsel for the Utah Attorney General's Office since 2016, appeared before the Senate Government Operations Conformation Committee on Monday to field questions from legislators about what kind of records director he'd be if confirmed to the post. Gov. Cox taps former Utah AG records counsel as new public records director Pehrson said for nearly the last decade he's spent in the Attorney General's Office, 'I have been responsible for overseeing all aspects of compliance' with Utah's open records law, the Government Records Access and Management Act (GRAMA). That's what Pehrson said his focus would be — ensuring that government entities are following the law when it comes to which records do or don't get released to the public. 'Over the years, I've had countless discussions with attorneys and officials from all different levels of government regarding records requests,' Pehrson said. 'Quite frequently, my role was to encourage disclosure of records, often when doing so was not necessarily the preferred course of action.' Pehrson added that 'over the years, I have helped prevent many records disputes from arising, which has always been my goal.' But concerns about Pehrson's appointment came from both the left and right, including from a Democratic senator and a conservative advocate. Maryanne Christensen, executive director of the conservative advocacy group Utah Legislative Watch, said the 'biggest problem' with Pehrson's appointment is 'the public perception' given Pehrson has spent a long time working for the executive branch of government. While she acknowledged state officials have applauded him for doing 'a fine job of representing clients,' she said 'the public really worries about who he is going to consider his clients here.' 'He's very accustomed to his clients being government officials,' Christensen said, 'and we need a GRAMA officer that will consider the citizens of Utah (as) their clients, and that they will weigh in on the side of the citizens of Utah. That's a really hard perception to overcome … That's where a lot of the lack of trust comes from.' Sen. Nate Blouin, D-Salt Lake City, also opposed Pehrson's appointment. While he acknowledged Pehrson is clearly qualified for the position, Blouin said he also shared 'frustrations and concerns' over the 'optics' of selecting someone from the Utah Attorney General's Office, which under former Attorney General Sean Reyes faced criticism for a lack of transparency. 'The optics are just bad,' Blouin said. Pehrson, in his previous role as records counsel for then-Utah Attorney General Sean Reyes, argued against releasing Reyes' work calendar in response to requests from local news outlets KSL and The Salt Lake Tribune. In the dispute over those records, the State Records Committee ultimately sided with reporters, and in February a judge ruled that Reyes' official calendar should be released. But the same day as the judge's ruling, the Utah Legislature passed a bill to allow elected officials and government employees the ability to keep their calendars — including work meetings — private moving forward. Reyes didn't seek reelection last year after concerns surfaced over his past relationship with the embattled anti-trafficking nonprofit Operation Underground Railroad and its founder, Tim Ballard. Earlier this year, a legislative audit of Reyes' administration concluded that 'insufficient transparency' resulted in 'a lack of accountability for the position of the attorney general.' Pehrson, in his comments in front of Monday's legislative panel, addressed those concerns. 'I recognize and appreciate the concerns that have been expressed about my experience with the Attorney General's Office and whether it might hamper my ability to faithfully carry out this new role,' Pehrson said. 'While understandable, I believe these concerns to be unfounded.' As assistant attorney general, Pehrson said he had an 'ethical obligation to selflessly represent my client to the best of my ability.' 'I have always tried to do this, regardless of whether I agreed personally with the position taken or not,' Pehrson added. 'However, having also worked extensively in a judicial setting, I understand very well the difference between representing a client and acting as a neutral arbiter of disputes.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Thus, Pehrson said he didn't believe his time in the Attorney General's Office 'would in any way compromise my ability to lead the Government Records Office or to fairly and impartially decide records disputes that might come before me.' As for who he'd consider his clients, the government or the people of Utah? Pehrson said he'd consider the citizens of the state to be his clients. 'I certainly would make that my goal,' he said. 'I mean, that would be my lodestar as I approach these records issues.' When Blouin pressed Pehrson on what he would do if a conflict of interest arose, Pehrson said he could recuse himself and select someone to serve in his stead. Kenneth Williams, director of the Utah Division of Archives and Records Service and state archivist — who also chaired the State Records Committee up until it was dissolved by the Legislature last month — said he supported Pehrson's nomination. 'Over my career, I have had the privilege of working with Mr. Pehrson on many difficult and very nuanced records access issues,' Williams said. Williams added that records disputes have become increasingly more difficult, especially when it comes to electronic records and privacy issues. 'But I can confidently say that Mr. Pehrson is one of the most knowledgeable attorneys practicing in Utah when it comes to records law.' Utah lawmakers look to dissolve, replace State Records Committee. Here's why that matters 'His understanding of GRAMA and other statutes that have to be taken into consideration when considering records access issues is outstanding, and he is one of the leading experts on those issues in the state,' Williams said. 'I've always known him to apply the law fairly, accurately, and as he seeks to represent the interests of his clients, that's a difficult position to be in.' Daniel Burton, general counsel for the Utah Attorney General's Office, also urged lawmakers to approve Pehrson's appointment. Though Burton said he's disappointed to see Pehrson leave, he said he'd be a responsive and professional records director. 'He's always attentive to the statutes. He doesn't put his own finger on the scale,' Burton said. 'There are often political pressures in the GRAMA realm, but Lonny's first and only role in the office was to be as apolitical, publicly minded, and as much a civil servant, an attorney whose job it was to give advice to clients and then represent them in the appropriate forum.' Burton added that 'every conversation we ever had came back to the statutes, to what was written by the Legislature and what appropriate case law affected that statute.' 'He wasn't always able to give exactly what was sought by records requestors, whether because of privacy concerns, ongoing investigations or some sort of record classification required by the statute, but he was always professional in his demeanor in his actions and advice,' Burton said. Sen. Daniel Thatcher — a former Republican from West Valley who recently unaffiliated with the Utah Legislature's dominating party to join the Utah Forward Party — said he opposed SB277, the law that replaced the State Records Committee with a single decision-maker, agreeing that it gave a single person too much power over government transparency issues. However, Thatcher said the matter before the committee Monday wasn't whether SB277 was a good policy or not. Rather, he said lawmakers now need to follow the law that passed and decide whether Pehrson is qualified to fill the post. Thatcher ultimately voted in favor of Pehrson's appointment. The only senators who voted against were Blouin and Sen. Ron Winterton, R-Roosevelt, who also opposed the passage of SB277. Pehrson's appointment now advances to the full Utah Senate for a confirmation vote, which is scheduled to take place during an extraordinary session on June 18. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
7 days ago
- Business
- Yahoo
Cox picks former Sean Reyes staffer to lead new public records office
Utah Gov. Spencer Cox has appointed a staffer to former Attorney General Sean Reyes as the director of the Government Records Office to replace the seven-member panel that previously ruled on disputes over public records. Lonny Pehrson was appointed as the first director of the newly created office, the Utah Department of Government Operations announced on Monday. He is tasked with adjudicating appeals to public records requests and overseeing daily operations of the office. 'We look forward to the Government Records Office streamlining the appeals process and helping Utahns get timely answers to their records requests,' Cox said. 'Lonny Pehrson's legal expertise and commitment to good governance make him the right person to lead this important effort.' The Government Records Office was created this year by state lawmakers to replace the State Records Committee, a seven-member volunteer panel that used to handle appeals to public records under the state's Government Records Access and Management Act, or GRAMA. Although journalists often use public records in reporting, the vast majority of requests are made by everyday Utahns. The State Records Committee met for the last time in April and public records appeals stalled during the interim. The bill sponsor, Sen. Mike McKell, R-Spanish Fork, argued the new office will be more nimble in responding to requests for public records and that the director would bring a level of legal expertise to the role. Pehrson was appointed to a four-year term. 'I am honored to have been nominated for this position and truly appreciate the trust and responsibility it entails,' he said. 'I look forward to establishing the Government Records Office, which will better facilitate access to government records in accordance with the law.' Pehrson graduated from the University of Utah's S.J. Quinney College of Law and worked for the U.S. District Courts of Utah and Texas. Most recently, he served as government records counsel for the Utah Attorney General's Office, where he sought to block KSL from obtaining copies of Reyes' work calendar from his time in office. Kenneth Williams, the state archivist and director of the Division of Archives and Records Service, said he is 'thrilled' to welcome Pehrson to the new role. 'I have worked with Lonny for several years and know that his expertise in records law and dedication to public service will be invaluable as we continue to ensure appropriate and reliable access to government records for the people of Utah,' he said.
Yahoo
21-03-2025
- Politics
- Yahoo
This national group gave the Utah Legislature its ‘Black Hole' award
Recent laws making it more difficult and expensive to obtain government records earned the Utah Legislature a 'dishonor' from one of the nation's oldest and largest journalism organizations. The Society of Professional Journalists gave Utah lawmakers its 2025 Black Hole Award on Friday. The Legislature received the award for repeatedly undermining transparency by amending Utah's longstanding Government Records Access and Management Act, or GRAMA, to block the release of public records — even after court orders mandated their disclosure, according to SPJ. The yearslong trend culminated in March, when legislators voted to abolish the State Records Committee, an independent board that serves as an intermediary between people who request access to government records and various government agencies. The volunteer seven-member panel resolves disputes over whether documents are private or public under GRAMA. Earlier this month, state lawmakers passed SB277, which replaces the records committee with an administrative law judge appointed by the governor. Howard Goldberg, retired Associated Press bureau chief and member of the SPJ Freedom of Information Committee, said in a statement that the records committee with its diverse perspectives was ideally suited to look out for the public interest in free information. 'Replacing that committee with a governor's appointee can only reduce accountability and undermine public confidence in government,' he said. There have been several recent cases where the panel ruled in favor of releasing records that government agencies and elected officials sought to withhold, only to have the Legislature change the law to keep them secret. In 2022, lawmakers exempted Garrity statements — statements made by public employees during internal investigations — from public disclosure following a request by The Salt Lake Tribune for documents related to officer-involved shootings. The committee had ordered the release of the documents and subsequent court rulings upheld the order. In 2023, the Legislature passed a law making college athletes' name, image and likeness, or NIL, contracts submitted to their schools for review private records. The Deseret News sought the records under GRAMA. The records committee deemed them public documents and ordered their release. State lawmakers changed the law while the Deseret News and the universities were in litigation. In 2024, lawmakers passed a law shielding public officials' digital work calendars from public view after KSL-TV sought access to then-Attorney General Sean Reyes' calendar. The records committee ordered the release of the calendar and a court had upheld the decision. Lawmakers passed a bill exempting digital calendars from public inspection within hours of the court ruling. In addition to SB277, the Legislature this year also passed HB69, which makes the process for appealing the denial of a government records more costly. It prevents someone who successfully gets access to records on appeal from recovering court costs, unless the government showed bad faith. That means they could incur an expense opposing the government even if it's decided they should have been given the records in the first place. 'The possibility that government would have to pay attorney fees for wrongfully denying a citizen access to public records was a powerful incentive for agencies to comply with the law. HB69 took that away. Now government can deny requests and citizens will have no recourse because going to court is too expensive,' said Jeff Hunt, an attorney who represents the media coalition. Gov. Spencer Cox said Thursday he plans to sign the bills. 'I think it's best for for the state. I think it's best for state government. I think it's best for the people,' he said Thursday at his monthly PBS Utah news conference. 'We're always trying to make sure we have the right balance in government, and I think these bills do.' Emma Penrod, president of the SPJ Utah Headliners Chapter, said public records law isn't supposed to 'devolve into a game of cat-and-mouse played by the press and government officials. 'The actions taken by the Utah Legislature in recent years will prevent Utahns from all walks of life — but especially those from disadvantaged backgrounds and vulnerable populations — from accessing information about how their local government operates, impairing their ability to participate in the democratic process." This is not Utah's first time receiving national scrutiny for its lack of transparency. In 2011, the Legislature received SPJ's inaugural Black Hole Award after passing a bill that gutted the GRAMA. Public backlash prompted lawmakers to repeal the law.
Yahoo
20-03-2025
- Politics
- Yahoo
Major changes coming to Utah's government records access law
Gov. Spencer Cox said Thursday he plans to sign several bills that will bring big changes to Utah's government records access law. At the top of the list is legislation that will do away with the State Records Committee, the longstanding seven-member volunteer panel that resolves disputes over whether a record is public or private under the Government Records Access and Management Act or GRAMA. SB277 will replace the committee with an administrative law judge appointed by the governor to a four-year term. Sen. Mike McKell, R-Spanish Fork, who sponsored the bill, said during the legislative session that the current records committee process is flawed. He said the panel's decisions are inconsistent because its members are not trained in the law. He also said state and legislative audits found few cases in recent years were resolved within the 73 days the law requires and last year the average time was 156 days. Cox said at his monthly PBS Utah news conference that the change is best for Utahns and state government. 'Look, we have about a four- to six-month backlog often when it comes to these issues going before the board. What we're doing is we're putting in an administrative law judge, somebody who understands the law and who can rule very quickly on these issues that's going to help all of you not have to wait for these decisions to get those decisions out more quickly,' the governor said. 'So we're always trying to make sure we have the right balance in government, and I think these bills do.' The records committee has been part of GRAMA since the legislature passed it in 1991. Courts have upheld the committee's rulings 98% of the time, according to the Utah Media Coalition, a consortium of new outlets the seeks to keep government records open. The coalition initially opposed the bill but took a neutral position after lawmakers removed a provision that would have essentially gutted the open records law. SB277 was among several bills aimed at GRAMA. Another, HB69, will make the process for appealing the denial of a government record more costly. It prevents someone who successfully gets access to records on appeal from recovering court costs, unless the government showed bad faith. That means they could incur an expense opposing the government even if it's decided they should have been given the records in the first place. 'The possibility that government would have to pay attorney fees for wrongfully denying a citizen access to public records was a powerful incentive for agencies to comply with the law. HB69 took that away. Now government can deny requests and citizens will have no recourse because going to court is too expensive,' said Jeff Hunt, an attorney who represents the media coalition.
Yahoo
14-03-2025
- Politics
- Yahoo
Access denied: How Utah lawmakers made it harder to get government records
The State Records Committee — the seven-member panel that resolves disputes over whether Utah government records are public or private — has a full agenda for its meeting next week. The 13 cases on its docket are about evenly split between reporters and members of the public seeking access to documents that various public agencies, including police departments, universities and cities, don't want to release. The March 20 meeting will be one the longstanding committee's last before a newly passed law replaces the seven members with an administrative law judge appointed by the governor. While the Utah Media Coalition, a consortium of news outlets that works to keep government records open, initially opposed the measure, it took a neutral position after sponsor Sen. Mike McKell, R-Spanish Fork, made a key change that kept the heart of the state's Government Records Access and Management Act, or GRAMA, intact. Still, the Utah Legislature passed bills during its 45-day general session, which concluded last Friday, that will make it more difficult and expensive for Utahns to access government records. Lawmakers created more exceptions to the state's open meeting laws and eliminated public scrutiny of the process for selecting public university presidents. 'It was a tough session,' said Jeff Hunt, an attorney who represents the Utah Media Coalition. Here's a look at some of the bills on government transparency: SB277 replaces the volunteer seven-member State Records Committee with an administrative director who is an attorney to oversee appeals after public records requests are denied by government agencies. The governor will appoint the director to a four-year term and also have the power to remove the director for cause before the term ends. During the session, McKell said the current records committee process is flawed and broken. He said the panel's decisions are inconsistent because its members are not trained in the law. Courts upheld the committee's rulings 98% of the time, according to the media coalition. McKell also said the process is slow and the new law would make it faster. State and legislative audits found few cases in recent years were resolved within the 73 days the law requires and last year the average time was 156 days. The legislation initially sought to eliminate what's known as the public interest balancing test — in the law since it took effect in 1992 — which is described as the 'beating heart' of GRAMA. Without it, government entities could withhold records even if the public interest in disclosure was compelling and the interests favoring secrecy were nonexistent or minimal. McKell ultimately removed that piece. Hunt said the coalition is pleased that the bill was amended to safeguard access to public records and ensure that citizens who appeal records denials will have a neutral and independent records appeal officer to hear their cases. HB69 prevents someone who successfully gets access to records on appeal from recovering court costs, unless the government showed bad faith. That means they could incur an expense opposing the government even if it's decided they should have been given the records in the first place. 'The possibility that government would have to pay attorney fees for wrongfully denying a citizen access to public records was a powerful incentive for agencies to comply with the law. HB69 took that away. Now government can deny requests and citizens will have no recourse because going to court is too expensive,' Hunt said. Sen. Calvin Musselman, R-West Haven, the bill's Senate sponsor, said that requirement makes the process 'a two-way street so that it goes both ways' when it comes to recovering legal costs. Requiring bad faith to be shown is a 'reasonable provision,' he said during the legislative session. SB282 exempts the Utah Board of Higher Education's presidential search committee from public meetings requirements, restricts presidential applications from public view and requires that the board 'protect candidate confidentiality.' The committee would now recommend three finalists to the board, which would meet in a public meeting only when making a final hire. Utah law had allowed for the public release of the names of three to five finalists. Senate Majority Whip Chris Wilson, R-Logan, argued during the session that making the process confidential will attract more high-quality candidates. He said the current process forces the 'unnecessary disclosure' and 'discussion of their personal details.' Hunt said making the names public allows for further vetting of candidates and could turn up relevant information the search committee missed. 'There's value in allowing the public to have a role in this process,' he said during the session. 'I understand there's stakeholders on the search committee, but the most important stakeholder is the public.' SB169 makes it a crime to destroy documents that are subject to a pending public records request and requires more training of GRAMA records officers. Sponsor Sen. Wayne Harper, R-Taylorsville, earlier told the Deseret News he wants to clarify the process and make sure it's cleaner, more precise and more understandable. 'I'm trying to make sure that things are open and accessible,' he said, adding his proposed legislation makes the process 'more transparent and more responsible.' Hunt called it the only bright spot on government transparency to come out of the legislative session.
