From Deseret News archives:
In our opinion: Leave GRAMA be
The state Government Records Access and Management Act has functioned effectively for more than 18 years. It provides a process by which individuals and businesses can access government information.
GRAMA allows government officials, the State Records Committee and the courts to balance competing interests when considering whether a particular record should be public. The act contains carefully considered exceptions such as confidential legal work products and attorney-client privilege. It contains provisions that allow governments to deny requests for nonpublic records or to have more time to respond to multiple requests. It also establishes exceptions for the disclosure of records that would endanger lives, interfere with investigative or enforcement proceedings or impair a fair process.
Despite these carefully crafted considerations that have worked well for nearly two decades, some in the Utah Legislature believe further restrictions on government records are necessary. HB122, sponsored by Douglas Aagard, R-Kaysville, is overly broad, unnecessary and should be voted down by lawmakers.
HB122 seeks a solution for which there is no problem. A government official speaking on behalf of the bill at a recent House committee meeting could point to no instance in which the release of records had impaired a government investigation or caused harm.
Moreover, proponents of the bill could not state a single example where the public-interest balancing test has been improperly applied to a GRAMA request.
Yet, HB122 seeks to impair scrutiny of government actions by eliminating this important test for government records in a wide variety of criminal and civil matters as well as administrative investigations and proceedings that involve audits, licensing, certification and registration issues.
Putting up roadblocks to obtaining this information undermines public accountability in government. Because of the potential for abuse, state law should encourage access so that government is more accountable to the people.
A workable process and reasonable exemptions exist to determine whether requests for public documents are in the public interest. No amendments to GRAMA are needed.















