Latest news with #GovernmentRecordsAccessandManagementAct
Yahoo
3 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.
Yahoo
03-03-2025
- Business
- Yahoo
A ‘clever' way for universities to pay college athletes for playing sports?
As a bill works its way through the Utah Legislature to allow universities to compensate college athletes for the use of their name, image and likeness, one state senator wondered if it's just a 'clever' way to pay them for playing sports. Sen. Lincoln Fillmore, R-South Jordan, also questioned why those payments wouldn't be publicly available under the state Government Records Access and Management Act, or GRAMA. Lawmakers also expressed frustration about putting sports ahead of academics during a Senate Education Committee meeting last week, with some saying what was once amateur athletics is turning into 'semi-pro' sports. Their comments came during a hearing on HB449, which would allow schools to directly pay athletes for the use of their NIL. 'Does that mean the university cannot compensate them for actually playing football?' Fillmore asked. Sen. Ann Millner, R-Ogden, the Senate sponsor of the legislation, replied, 'If they're playing football and they're a star player, the name, image and likeness is going to be part of what we use. So what you're really doing is compensating them because of the name, image and likeness that they have based on being football players.' 'That seems awfully clever to me,' Fillmore said. 'Why not just pay them for playing football?' Last year, a judge preliminarily approved a settlement in the House v. NCCA antitrust case that would create a revenue sharing model in college sports. If the agreement goes through in April, universities could earmark as much as $20.5 million to directly pay athletes starting in July. Most Power Four schools are expected to spend $15 to $17 million on their football rosters. Millner told the committee the court case is driving the legislation and the proposed law is necessary for the 'large' schools in the state to compete with universities across the country, noting other states are passing similar legislation. Fillmore also raised questions about transparency in the use of public money. Last year, lawmakers passed a law making NIL contracts with third parties, such as businesses, private records under GRAMA. He said that made sense because public funds weren't involved. 'But this is public money. I understand it's not legislatively appropriated money but regardless of that, when it goes to a university, it becomes public money,' Fillmore said. 'Is this information going to be publicly available subject to GRAMA because now it's public money?' The original version of the bill stated that direct payments to athletes would be public records subject to GRAMA. But the House sponsor of the bill, Rep. Jordan Teuscher, R-South Jordan, stripped that from a revised version, saying the universities believe the payments would be private under the Family Educational Rights and Privacy Act, or FERPA. In 2023, Utah universities argued that NIL contracts are 'education records' under FERPA in a case involving the Deseret News' attempt to obtain athletes' NIL agreements submitted to their schools. FERPA broadly defines education records as 'records directly related to a student' and 'maintained by an education agency.' The State Records Committee, which lawmakers are poised to abolish this year, rejected that argument and ordered the universities to release the contracts. The schools appealed the ruling in state court where a judge ultimately decided NIL contracts are private records after the Legislature changed the law to shield them from public view last year. HB449 is now silent on whether direct athlete payments are public records but does not preclude anyone from requesting them under GRAMA. Millner said they could be subject to the public records law. Fillmore said it made sense that contracts between college athletes and outside organizations were private. 'But now that it's public universities paying athletes, I'm not sure that it remains a private matter anymore and that's something we ought to consider as we move forward,' he said. The bill prohibits schools from using state funds for NIL payments. Millner said the money would come from TV and media contracts as well as gifts and donations to the universities. The legislation requires an audit of NIL spending every five years starting in 2028. While Education Committee members said they understand the need for the bill, they were frustrated about having to consider it at all. 'It's unfortunate that our highest paid employees in most states are coaches. And it's unfortunate that we now have the tail wagging the dog when it comes to education,' said Sen. Kathleen Reibe, D-Cottonwood Heights. 'I understand this bill is somewhat necessary if we want to be competing in the academic sports arena but it's really unfortunate that we put so much time and energy into these sports and we're cutting school budgets but we're increasing our access to better athletes.' University of Utah football coach Kyle Whittingham is the highest paid state employee, making $5.7 million in 2025, according to the state website TransparentUtah. Reibe voted for the bill but said 'at some point we all have to recognize that our education institutions are education institutions and not sporting arenas. This really frustrates me.' Senate Education Committee Chair John Johnson, R-North Ogden, echoed Reibe's comments. 'Utah needs a law regarding direct athlete payments but lawmakers need to ask themselves, 'Are we funding universities as academic institutions or are we creating media … entertainment, I guess, for the general public?'' 'At some point we really need to ask ourselves how far are we going to go with this,' he said. 'Because now it really is becoming a semi-pro team and … we have to ask ourselves if we're in that business." The committee unanimously approved HB449. It's now awaiting a vote in the Senate.
