This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
It has been almost two years since The Tribune made the commitment to carry a periodic column about freedom of information and the First Amendment. As this column looks back at the previous two years, here is where we stand on some key issues:
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Better education and enforcement of Utah's Open Meetings Act • There continues to be instances where public officials show both ignorance and indifference to the concept of open and public meetings, and this column has proposed a Sunshine test for elected officials to pass before taking office. It's obvious that the mandatory open meetings act training that public officials receive, often rushed through at the beginning of each year, does little good.
For example, there is documentation of a questionable May meeting of county leaders from Utah, Colorado and Wyoming about oil-shale development. A lawsuit has been filed against the Uintah County Commission for violating the open-meetings law to discuss nonexistent litigation.
The Utah Board of Regents has also been meeting in secret to discuss a new wage survey for college presidents. While initial discussions about "the character and competence" of sitting college presidents may be covered under the law, little else in the discussions falls under a legal reason to close a meeting.
Legislators should look hard at improving the knowledge of public officials about the state's Sunshine Laws. A voluntary call for public officials to adopt transparency guidelines hasn't gotten much traction, but state political leaders should sign on. Candidates should make transparency a campaign issue.
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GRAMA • This column wrote an obituary for Utah's Government Records Access and Management Act at the passing of HB477 in 2011. Thankfully, legislators revived the law and made some amendments in 2012, including the creation of a records ombudsman who appears to be working to create more access. However, at its root GRAMA still has many faults. This column has suggested Utah look at models in places like Maine and the United Kingdom where FOI laws and lawmaking work more effectively. Lawmakers have ignored most of those suggestions.
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Open legislative caucuses and redistricting process • Utah still remains in the backwater of states for legislative transparency. That's particularly true when a super majority of Republicans control the statehouse. The news organizations, and a minority of lawmakers who aren't afraid to rock the ship of state, appear the only ones willing to take on this cause.
In the news this week was a story that the Legislature wants to charge Democrats $14,000 to release records related to the secretive redistricting process. It's not just Democrats but all citizens of Utah who have a vested interest in knowing how congressional and legislative district lines were redrawn. Of course, the $14,000 bill is only the tip of the iceberg, particularly when Republican legislative leadership continues to say intra-party wrangling and discussions in caucuses isn't the people's business.
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Cameras in the courtroom • Utah's policy on allowing cameras in the courtroom is on the verge of a major sea change, according to local media attorney Jeff Hunt. Under new rules, journalists could bring a video camera into trial courts at the judge's discretion, and the presumption would be that still cameras will be allowed. At this point, the Utah Judiciary is the leading example of transparency in the state. The executive branch would do well to pay attention.
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Leaks • Legislation targeting national security leaks continues to move forward. Bill Keller, former top editor at The New York Times, wrote this week that Americans shouldn't be as concerned about the leaks as the stories behind the leaks, which encourage greater public debate.
The Tribune and other media should be commended for continuing to focus on the ways politicians and public officials avoid debate and secret away information. In the end, when the public is deprived of important information, participatory democracy suffers.
Joel Campbell is an associate journalism professor at BYU. He writes about Freedom of Information and First Amendment issues for The Tribune. He can be contacted at foiguy@gmail.com.