A major change in the way Utah residents can access public records is coming to Gov. Spencer Cox. If he signs it, which is highly likely, it will dramatically alter the way that residents can obtain governmental records.

Sen. Mike McKell’s bill, SB 277, which both the House and Senate passed last week, would eliminate the State Records Committee and instead allow the governor to appoint a 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.

As a long-time journalist in Utah, and a former member of the State Records Committee (served eight years, including one year as chairman), I know the value the SRC brings to residents of Utah who seek transparency in their elected officials’ decisions. Those who request a record from a governmental entity can file an appeal, and if a hearing is granted for that appeal, they can appear before the committee. They can have face-to-face interaction with not just the committee, but with someone from the government office in possession of the record they seek. The SRC has been successfully handling appeals for 30 years, and has a 98 percent approval rate if its decisions are appealed to a district court. 

McKell made several accusations during his presentation to the Senate Government Operations  and Political Subdivision Standing Committee on Feb. 18. Let’s look at some of them which are inaccurate.

He said state and legislative audits over the past few years showed some appeals took an average of 156 days to be settled, well outside the 73-day timeframe required by the state. Having been on the committee for eight years, I NEVER saw any appeal stretched out that long unless one of the parties delayed it. And those delays – in responding to the appeals or providing the necessary records for the committee to examine – were always the fault of the defendant (the government entity). He also failed to acknowledge that in 2024, the SRC could not meet for four months because it was awaiting appointment of three new members to replace those whose terms have expired. This kicked around the Capitol for months before finally three individuals were approved so the committee could resume hearings in January. 

McKell said the committee members lack legal experience, rendering them unable to make decisions that can be defended in court if necessary. Of course he would say that, since he’s an attorney, but what he should have known is that by statute, the SRC has always had an appointed member from the Utah Attorney General’s office who is present at every committee meeting. He or she is the legal counsel for the SRC. Somehow, McKell failed to mention that. 

And McKell further asserts that the seven members of the SRC aren’t experienced enough to render decisions. The board consists of professionals from education, law enforcement, the public sector and yes, the media. The past three media representatives have all been award-winning journalists, well respected in their industry. Committee members didn’t just walk in off the street to apply or fall off the hay wagon.

There is rightful concern that the Government Records Office director, who Cox or future governors would appoint, could be beholden to that elected official who, as McKell’s bill suggests, can be hired or fired “with cause” by that governor. In other words, a real hindrance to independent thinking or decision making if you are considering a decision that the governor would oppose.

Transparency is paramount to ensuring democracy, and I believe the State Records Committee is the last bastion of transparency in Utah. It gives an opportunity for every citizen who has a complaint to be heard, to be seen, to voice their concerns in person to a committee of their peers. Under McKell’s plan, citizens would only be able to submit their complaint and any supporting documents they can to one person, then wait for a decision.

Fourteen years ago, lawmakers on Capitol Hill passed a bill, the infamous HB 477, to take away transparency in their legislative actions. There was tremendous public outcry, and lawmakers had to convene in a special session to rescind the bill. You would think someone serving at the Capitol would have remembered that, but apparently they did not. Utahns need to raise their voices again to their elected legislators. Don’t take away an important component that helps us hold all of our government officials accountable. Let’s hope Gov. Cox refuses to sign this bill into law.

Tom Haraldsen has been a journalist working in Utah newspapers for more than 40 years, and served as a member of the Utah State Records Committee for two terms.