3 draft bills would limit access to e-mail, records

A legislative task force reviewing the state's open records law gave its stamp of approval Tuesday to three draft bills that would limit public access to the e-mails of elected officials, restrict the disclosure of personal information and limit to one option a citizen's right to appeal a rejected request for records.

Members of the Government Records Access and Management Task Force debated to the last minute how to handle the e-mails of elected officials. One bill proposes to make public government e-mails unless they are correspondence between an elected official and a "citizen," an internal memo or a deliberation of legislation.

There is also a provision to keep private the e-mails an elected official deems private in nature.

Rep. Carol Moss, D-Holladay, voted against the bill.

"I just don't like giving a person that kind of leeway as to what's personal and what is not," Moss said.

Some lawmakers on the task force have argued it's intrusive for the public, and media, to read their e-mails if its from a citizen who is divulging sensitive information.

Sen. Parley Hellewell, R-Orem, said he was more concerned about his constituents' right to correspond with him without worry about the public and media reading about it. "I think we're taking away the people's freedom if we do that," he said.

Sen. Mark Madsen, R-Lehi said he felt disclosure of e-mail could prevent "whistle blowers" from talking to him and other legislators.

The bill does not make public such things as phone calls, as one lawmaker pointed out.

Lawmakers did drop an effort to give government officials the right to deny a GRAMA request if it is "harassing" in nature. Some task force members argued that the proposal could be abused by some government officials to deny legitimate requests. Last year the Legislature amended GRAMA to shield governments, such as cities, from repetitive requests.

The right to appeal a denied request for records was also debated and changes proposed. Currently GRAMA allows two options — appeal either to the state records committee or directly to court. The proposal would eliminate a direct appeal to a court and require all appeals to go through the state records committee first. Task force leaders said they were concerned some people will "forum shop" and look for a court that will rule in their favor.