Latest news with #StateRecordsCommittee
Yahoo
3 days ago
- Business
- Yahoo
Gov. Cox taps former Utah AG records counsel as new public records director
The Capitol in Salt Lake City is pictured on Thursday, April 10, 2025. (Photo by Spenser Heaps for Utah News Dispatch) Utah Gov. Spencer Cox has appointed a former Utah Attorney General's Office attorney to fill a new role that will be a key decision-maker over which government records do — and don't — become public. Cox picked Lonny Pehrson, who most recently worked as records counsel for the Utah Attorney General's Office, to be the first director of the state's newly created Government Records Office. His nomination will be subject to consent from the Utah Senate. 'We look forward to the Government Records Office streamlining the appeals process and helping Utahns get timely answers to their records requests,' Cox said in a prepared statement. 'Lonny Pehrson's legal expertise and commitment to good governance make him the right person to lead this important effort.' Pehrson said he's 'honored' for Cox's nomination 'and truly appreciate the trust and responsibility it entails.' Utah lawmakers look to dissolve, replace State Records Committee. Here's why that matters 'I look forward to establishing the Government Records Office which will better facilitate access to government records in accordance with the law,' Pehrson said in a prepared statement. Earlier this year, the Utah Legislature voted to approve SB277, which dissolved and replaced the 30-year-old, seven-member State Records Committee with a single decision-maker. At the time, the bill's sponsor, Senate Majority Assistant Whip Mike McKell, R-Spanish Fork, said the change is meant to address 'inefficiencies,' cut down on wait times for records decisions, and replace the State Records Committee with someone with more 'legal experience.' Critics, including media professionals, argued the move would consolidate too much power with one person and lead to less transparency. The Society of Professional Journalists awarded the Utah Legislature its annual Black Hole award for the passage SB277, along with another, HB69, which made it difficult for people who challenge the government over public records denials to recoup their attorney fees. Pehrson, in his new role, will now decide appeals to records requests that have been denied. He'll be responsible for adjudicating records appeals hearings and supervising the Government Records Ombudsman and staff. 'He will also serve as a resource to citizens and governmental entities regarding government records management, ensuring lawful access to records and information, and leading a team that conducts statewide training in records and information management,' a news release issued Monday by the Division of Archives and Records Service said. 'Disregard for transparency': Utah Legislature's public records laws earn it a 'Black Hole' award Pehrson, in his previous role as records counsel for then-Utah Attorney General Sean Reyes, argued against releasing Reyes' calendar in response to requests from local news outlets KSL and The Salt Lake Tribune. The State Records Committee ultimately sided with reporters, and in February a judge ruled that Reyes' work calendar should be released. The same day as the judge's ruling, however, 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.' State leaders, however, applaud Pehrson as an expert in Utah's public records law, the Government Records Access and Management Act (GRAMA). Kenneth Williams, director of the Utah Division of Archives and Records Service and state archivist, said in a statement that his department is 'thrilled' to welcome Pehrson. '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,' Williams said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
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
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.
Axios
21-02-2025
- Politics
- Axios
Hill Highlights: Utah lawmakers advance bill to dismantle records committee
We're more than halfway through Utah's legislative session. The latest: State lawmakers are considering a bill that would dismantle a long-time committee that determines which government records are available to the public. SB 277, sponsored by Senate Majority Assistant Whip Mike McKell (R-Spanish Fork), would replace the State Records Committee with a governor-appointed attorney "with knowledge and experience relating to government records law." The measure passed a Senate committee this week in a 4-2 vote. Between the lines: Similarly, legislators this week advanced a bill to the governor, HB 69, that would make it harder for the public or journalists to recover attorneys fees for records that are deemed public — even if they win access to them in court. The court may award the fees if it determines the government entity operated in "bad faith" to prevent the records from being released. The big picture: It's the latest blow to government transparency, according to critics and first amendment advocates. Last year, Gov. Spencer Cox signed a bill to make the calendars of public officials private and not subject to Utah's public records law. What we're watching: A bill, SB 76, sponsored by state Sen. Jen Plumb (D-Salt Lake City) that would bar minors from marrying someone who is at least four years older is on its way to the governor's desk, Utah News Dispatch reports. 💬 Hill Highlights is a weekly feature to recap what's going during Utah's legislative session.
