Access to records may change

A compromise bill that would revise limits on public access to government records has hit a roadblock after attorneys for Gov. Jon Huntsman Jr. called for even stricter standards.

HB122, sponsored by Rep. Douglas Aagard, R-Kaysville, would make it easier for government bodies to deny public requests and keep records classified by designating certain documents that relate to "pending or anticipated litigation" off-limits from access through the Government Records Access and Management Act.

Aagard's bill would make adjustments to the "balancing test" provision that weighs the importance of protecting information against the public's right to access that material. The measure was approved unanimously in the state Senate by the Government Operations and Political Subdivisions Committee.

Last month, the bill's Senate sponsor, Sen. Curtis Bramble, R-Provo, called the legislation a fair compromise and said he would resist any attempts to amend the bill further.

Attorney Jeff Hunt of the Utah Media Coalition, who helped write Utah's GRAMA code, agreed and supported the measure. However, lawyers from the governor's office and the Office of Legislative Research and General Counsel on Friday intervened and proposed restricting public access to certain categories of records, Hunt said.

"We are mystified why the governor would want to make it more difficult for the public to access government records under GRAMA," he said.

Under current state law, if the interests for and against access are equally weighted, then the "tie goes to access," meaning the public would have broader access to information, Hunt said. The proposal by the attorneys for the governor's office, however, would restrict access to the public through GRAMA, he said.

The governor's spokeswoman said the aim is not to restrict the public's access to information but to clarify what is and is not protected information.

"Governor Huntsman believes it is fundamental for government to have transparency," Lisa Roskelley said. "There are obviously specific areas that we have deemed should be protected. And in those areas, he believes the standards should remain at the same level that it has been."

She cited personnel information or matters under litigation as examples of material that should be protected under the state statute.

Attempts to reach Aagard and Bramble Saturday were unsuccessful.

Hunt said his group is urging the Senate "not to undo" the presumption of access and the legislative intent language currently on the books.

"GRAMA is the public's window into the workings of government," he said. "What the governor's attorneys are proposing would substantially close that window."

The presumption that records are considered public is a fundamental principle of GRAMA, Hunt said, "and you err on the side of access."

"This would change that foundational principle," he said.

E-mail: jlee@desnews.com