This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

If the furor over HB477 and the ensuing GRAMA task force has taught Utahns anything, it is that a more rigorous and transparent process is needed when making changes to public records and open-meetings laws. For starters, Utah should look to Maine.

In 2005, Maine lawmakers created an approval process for any exemption to its public-meetings laws. They said it was the first such review board in the nation. Any new exemptions or changes to open government laws are reviewed by the state's Right to Know Advisory Committee and then must be heard by the Legislature's Judiciary Committee.

Mal Leary, a member of the advisory committee and chairman of the Maine Freedom of Information Coalition, said the group weeds out misguided amendments to open-government laws and also catches technical mistakes. More importantly, its deliberations have lessened suspicion and bad feelings between right-to-know advocates and government officials.

Although HB477 came up with some draconian measures to solve some big issues about costs, privacy and text messages, the larger threat still remains — a trickle of bills every legislative session that chip away at the public's right to attend open meetings and receive public information. HB477 failed in the last session, but there were several other less notable bills enacted that sealed off access to meetings and records.

The Government Records Access and Management Act (GRAMA) Working Group will soon end its work, but a more permanent group is needed to take its place. Utah should take a serious look at the Maine model. This would create something Utah is lacking: an ongoing working group that represents diverse interests and understands the "big picture" and history of exemptions. The advisory committee can also propose amendments. In Maine, lawmakers serving on the Judiciary Committee also gain more expertise in open-government principles because they hear all open-government bills.

The Maine advisory committee also reviews existing exemptions in state code, a process that will take another six years. Much like Utah's State Tax Review Commission's ongoing review of sales and use tax exemptions, Maine's Right to Know Advisory Committee reviews record exemptions to make sure they continue to be relevant and consistent with declared public policy.

For example, Leary said that the Maine advisory group's review helped change a law that kept contracts for turnpike construction under wraps for five years. At a committee review hearing, transportation officials said they weren't sure of the history behind the law that protected the records and agreed to remove the secrecy.

In Maine, the committee's work is guided by eight criteria, set in law, including the following:

• Why is a record kept and does it need to be maintained at all?

• Is there value for the public in maintaining a record under a protected status?

• Does an individual's privacy interest "substantially outweigh" the public interest to keep a record closed?

After the HB477 fiasco, there was at least one proposal that would require a greater amount of time between the public posting of a bill and its committee hearing. That proposal does not go nearly far enough when it comes to open-government laws.

There needs to be much more public debate and vetting of issues related to open government. A Right to Know Advisory Committee is needed. In the absence of such a group, Utah lawmakers should permanently assign one House and Senate standing committee to hear open-government bills. Lawmakers should also require all bills that change any statute related to records or meetings to have an "Open Government Note" that would alert the public to changes.

Joel Campbell is a former reporter and current associate professor of communications at Brigham Young University. His reporting does not necessarily reflect the views of BYU. He writes on First Amendment and open-government issues for The Tribune. He can be reached at foiguy@gmail.com.