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Davis Journal

Future of Utah State Records Committee is uncertain

Feb 27, 2025 03:08PM ● By Tom Haraldsen

The Senate Chambers. Photo by Alex Jenkins

The Utah State Senate was expected to consider SB 277, proposed by Sen. Mike McKell, R-Spanish Fork, that would dissolve the State Records Committee. The SRC is the panel that allows citizens to request release of public government records if their request is denied by that governmental entity.

At a hearing before the Senate Government Operations and Political Subdivision Standing Committee on Feb. 18, McKell said his measure would replace the seven-member citizen volunteer committee with a single director for a newly created Government Records Office. This director, who would need to be an attorney, would work with a hired ombudsman to handle record requests. Those positions could cost taxpayers an estimated $447,900 a year.

McKell’s argument is that the current SRC, which has been in operation for 30 years, has become too bogged down with appeals and rendering decisions too slowly. By statute, the committee is supposed to make decisions within 72 days of an appeal being filed. He said a state audit shows that timeline has been stretched to as long as 156 days.

Jeff Hunt, an attorney who represents the Utah Media Coalition, stated that “The public has a right to information concerning the conduct of the public’s business. The Government Records Access & Management Act (GRAMA) protects that right for Utahns by providing access to public records so citizens can hold their elected officials and government agencies accountable. SB277 will weaken GRAMA and increase government secrecy by abolishing the State Records Committee and prohibiting government officials, appeals boards, and the courts from ordering the release of records even when there is no good reason to keep them secret.”

The coalition told the Senate committee that SRC decisions have been upheld by district courts 98 percent of the time. McKell argued that committee members are not versed in legal procedures and thus not capable of making decisions with legal binding powers.

McKell’s bill would allow the governor to appoint an administrative judge who could be fired by the governor at any time. At the hearing, more than 20 citizens testified against the bill, arguing creation of the Government Records Office would give too much power to one individual who could be influenced by political pressure.

The measure was approved by a 4-2 vote in committee and was set to advance to the full Senate as of Feb. 21.