Bill could upend Utah committee that decides on access to public records

SALT LAKE CITY, Utah (ABC4) — Government transparency is at the heart of a new bill unveiled on Utah’s Capitol Hill that would significantly change the state records committee.

When the public, media, or groups file a public records request to a state agency, also known as a Government Records and Management Act (GRAMA) request, and that request gets denied the state records committee is tasked with determining whether that denial should be upheld if the requestor appeals.

Under S.B. 277, sponsored by Sen. Mike McKell (R-Spanish Fork) the makeup of that committee would change. It’s currently made up of seven members including news media representatives, citizens appointed by the governor, and an archive representative. The bill swaps that out for an administrative law judge appointed by the governor and confirmed by the Senate.

McKell told reporters this week that the process to appeal records committee decisions to a district court wouldn’t change, but he believes someone with a trained legal background should be making the ultimate decisions.

“The purpose (of the state records committee) is to follow the law and apply the law,” McKell said. “Having an administrative law judge who’s bound by ethical rules and the Utah State Bar to me feels like the better model.”

The bill also gets rid of what’s known as a balancing test – a standard to decide if the public interest in making the records public warrants releasing the otherwise private information.

That means the information wouldn’t be able to be released even if the public interest warrants it.

McKell said he believes the current committee has “missed the mark” on many cases, but wouldn’t cite which ones. He said he’s worried about making sure government entities that follow the law but are dealing with sensitive cases like active investigations or those who may have been falsely accused are protected.

“Let’s say there’s an allegation of sex abuse. For me, I think that’s a concern because we’re not protecting both the accused and the accuser,” McKell said.

Critics of the bill worry that the change will deny the public access to critical information like uncovering possible corruption in government or the actions of public employees like police officers.

One recent high-profile case that went against Utah’s executive branch started with an appeal to the state records committee that was ultimately upheld on appeal by a district court. That and other cases have fueled speculation that McKell’s bill is in response. Two local media outlets sought to obtain the calendar of Attorney General Sean Reyes before he left office. That calendar was ultimately ordered by a judge to be released.

McKell, who’s also the Senate’s Assistant Majority Whip, said his bill was about the committee being tasked with “quasi-judicial actions.”

The bill will likely be heard in the Utah legislature.