Gov. Gary Herbert nominates Marie Cornwall for State Records Committee post

10 09 2013

Utah Gov. Gary Herbert is following the State Records Committee’s recommendation and nominating Marie Cornwall as the committee’s second public member.

Herbert has sent Cornwall’s name to the Utah State Senate, which will have a confirmation vote when it meets on Sept. 18. However, that is six days after the committee’s regular meeting, leaving the committee one member short for another month.

Cornwall is an emeritus sociology professor at Brigham Young University and lives in Bountiful. The committee gave her a “soft recommendation” in June, due to only seeing her resume.

Cornwall was one of five people who applied for the newly created position. The others were Sarra McGillis, a corrections specialist with the Salt Lake County Sheriff’s Office; James Weightman, director of internal audits at the Salt Lake County Auditor’s Office; and Sheri Bernard, a consultant who had works in health-care information management.

The position was created as part of SB94, Sen. Curt Bramble’s bill that amended the Government Records Access and Management Act (GRAMA). The bill also removed the state auditor’s seat on the body that hears GRAMA appeals and replaced it with a second slot for a member of the public.

Bramble said the change was made at the request of State Auditor John Dougall, who wanted to avoid any conflicts of interest if his office were to audit the committee. Dougall — who as a legislator authored HB477, the bill that gutted GRAMA and was repealed after public outcry in 2011 — fired the auditor’s representative on the committee, Betsy Ross.

Herbert’s previous appointment to the board was Holly Richardson, a conservative blogger and former legislator who supported HB477, as a public member.

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Phil Windley, Jason Williams to serve as public members of Utah Transparency Advisory Board

22 08 2013

The Utah Transparency Advisory Board added two new members Monday.

The board unanimously voted to add Phillip Windley and Jason Williams as public members of the board. The two were among five people vying for the two seats created under SB77 in the 2013 Legislature.

Windley previously served as the state’s chief information officer, and Williams is a technology consultant and a talk-show host on KVNU. Both served on the GRAMA working group formed in 2011 after the repeal of HB477, the bill that gutted the state’s Government Records Access and Management Act.

Also applying for the positions were Steven Bagley, general manager of the Utah Department of Transportation’s Lester Wire Library and a technical writer; Christopher Bleak, president and CEO of the Utah Association of Public and Charter Schools and former executive director of the Utah Republican Party; former Rep. Holly Richardson, who is also a member of the State Records Committee.

SB77, which was sponsored by Sen. Deidre Henderson, also expanded the board’s scope from financial records to all public records. Henderson, a Spanish Fork Republican, also chairs the board.





Governor Herbert still looking for public member for records committee

23 07 2013

Filling a vacancy on the State Records Committee wasn’t on the Utah State Legislature’s agenda this past week.

While Gov. Gary Herbert sent recommendations to the Senate for 27 positions that needed advice and conset, including former LDS Presiding Bishop H. David Burton appointment to the University of Utah Board of Trustees and former LDS General Young Women’s President Elaine S. Dalton’s nomination to serve on the Utah Valley University Board of Trustees, there was no nominee for the records committee.

The Legislature voted earlier this year to take away the state auditor’s position on the committee and add a second seat for a public member. Four people have applied so far for the position on the body that hears appeals of records denials.

The committee gave a “soft recommendation” to Marie Cornwall, an emeritus sociology professor at Brigham Young University in June.

Ally Isom, the governor’s spokeswoman, said Herbert will likely send a name to the Senate for its consideration in September. Isom said Herbert is not trying to drag out the process.

“It’s been a busy, busy month,” Isom said, noting that Herbert has been on a trade mission.

The new appointee would replace Betsy Ross, the auditor’s representative on the committee who was fired in December by incoming state Auditor John Dougall. Ross had opposed HB477, the bill Dougall sponsored as a legislator in 2011 that would have gutted the Government Records Access and Management Act (GRAMA).

Dougall claims he axed Ross because he did not believe she was doing her job as the office’s liaison to the Legislature. He also endorsed removing the auditor’s seat, as it would allow him to audit the committee without worrying about a conflict of interest.

The Legislature did address an open-government issue during the special session. It voted to allow the House committee investigating Attorney General John Swallow to close some of its meetings and to keep its records away from the public.





Gov. Gary Herbert still mulling choices for State Records Committee vacancy

25 06 2013

Gov. Gary Herbert expects to nominate someone to fill the newly created public-member’s seat on the State Records Committee by next week.

Nate McDonald, a Herbert public information officer, said the governor is still awaiting recommendations on the people who have applied for the job.

Four people applied for the position, and the records committee offered a “soft recommendation” for seating Marie Cornwall on the committee. Cornwall, according to her résumé, is an emeritus sociology professor at Brigham Young University who lives in Bountiful.

Committee Chairman Lex Hemphill said the board couldn’t make a stronger recommendation because it was only going on applications and did not interview any of the candidates.

The other applicants were Sarra McGillis, a corrections specialist with the Salt Lake County Sheriff’s Office; James Weightman, director of internal audits at the Salt Lake County Auditor’s Office; and Sheri Bernard, a consultant who had works in health-care information management.

The applicants’ information was obtained through a Government Records Access and Management Act request to the committee. Patricia Smith-Mansfield, the governor’s representative on the committee, did not include the applications in the board’s agenda packet for its June 13 meeting.

“I did not want it to become a public record,” Smith-Mansfield said.

The position was created as part of SB94, Sen. Curt Bramble’s bill that amended the Government Records Access and Management Act (GRAMA). The bill also removed the state auditor’s seat on the body that hears GRAMA appeals and replaced it with a second slot for a member of the public.

Bramble said the change was made at the request of State Auditor John Dougall, who wanted to avoid any conflicts of interest if his office were to audit the committee. Dougall — who as a legislator authored HB477, the bill that gutted GRAMA and was repealed after public outcry in 2011 — fired the auditor’s representative on the committee, Betsy Ross.

Herbert’s previous appointment to the board was Holly Richardson, a conservative blogger and former legislator who supported HB477, as a public member.





Betsy Ross, Chris Burbank win Utah Sunshine Awards, UTA gets a Black Hole

21 06 2013

Betsy Ross, former chairwoman of the State Records Committee was honored for her 18 years of advocating for open government.

The Utah Headliners Chapter of the Society of Professional Journalists gave Ross one of its annual Sunshine Awards at a ceremony in Fort Douglas’ Officers’ Club Thursday.

Ross served on the board, which hears appeals under the Government Records Access and Management Act (GRAMA), since its creation. She first served as the board’s legal counsel and then as the state auditor’s representative on the board. She did three stints as chairwoman.

During her tenure on the board, Ross was regarded as its institutional memory and conscience, always ensuring that those who appeared before the board received a fair hearing. She also used the position to push for greater access to public records.

When the Legislature railroaded through HB477, the 2011 bill that gutted GRAMA, Ross stood on the side of open-government advocates. In an op-ed column in The Salt Lake Tribune, Ross pointed out the ignorance that drove the bill, sponsored by then-Rep. John Dougall. She also invited lawmakers to come to a records committee hearing to see that their concerns about GRAMA were unwarranted.

No legislators ever took her up on the invitation.

Ross left the committee at the end of 2012, when she was fired by Dougall, the incoming auditor. Dougall claimed that she was let go because she was not spending enough time with legislators as the auditor’s director of legal affairs.

Salt Lake City Police Chief Chris Burbank also received a Sunshine Award for making the department’s daily watch logs available online. Previously, the logs would state that no significant events occurred, even on the night officers responded to the home of Uta von Schwedler, a University of Utah researcher who was found dead in her bathtub.

Von Schwedler, John Wall, has since been charged with her murder.

SPJ also awarded a Black Hole award to the Utah Transit Authority for its refusal to release information about former UTA CEO John Inglish’s retirement package. The Black Hole Award recognizes entities that egregiously block access to public information.

Eventually, UTA released the information, showing that Inglish’s pension was higher than what former U.S. presidents are paid.

The Utah SPJ chapter also noted that UTA continues to withhold crime data from The Salt Lake Tribune, despite a November 2012 order from the Records Committee to provide the information. The UTA appealed the committee’s ruling to 3rd District Court.

“Both of these instances reflect what seems to be UTA’s general stance that if they stonewall long enough when information is requested that they don’t want to share, the media will just move on,” Linda Petersen, Utah Headliners FOI chair said. “But this is information the public has a right to know. The media should not have to fight for it on the public’s behalf. UTA’s Black Hole Award is well-deserved.”





Connecticut lawmakers pass bill to keep murder records secret

7 06 2013

This may sound familiar to Utahns: A bill drastically changing government-records laws is secretly drafted and rushed through with little time for public comment.

In a scenario reminiscent of the HB477 debacle, Connecticut lawmakers passed a bill that makes records of murder cases private. The bill, which was drafted in secret by Gov. Dannel P. Malloy’s staff, the state’s top prosecutor and leaders in the legislature, was a response to the Sandy Hook shootings, where a gunman killed 20 students and six teachers before committing suicide.

The bill, which did not go through the public hearing process and was passed at the end of the legislature’s session, exempts photos, film or digital images depicting homicide victims, as well as 911 calls describing the condition of a victim. It also shifts the burden of proof from the state to the requester, who has to make the case why a record should be released.

Malloy said the purpose of the bill was to protect the families from seeing the crime photos on the Internet. Some of the victims’ families support the move.

“I’m fully supportive of an open and transparent government, but I can’t understand how distributing graphic photos of murdered teachers and children serves any purpose other than causing our families more pain,” Dean Pinto, whose 6-year-old son, Jack, was killed in the school shooting, was quoted in reports as saying.

The law initially only dealt with the Sandy Hook case, but was expanded to cover all homicides in the Nutmeg State, which sets a bad precedent, critics warn.

“What they’re doing here is protecting the family … but it becomes a slippery slope,” said David Cuillier, president-elect of the Society of Professional Journalists. “Anything that makes someone uncomfortable, the government can make secret.”

H/t to the Reporter’s Committee for Freedom of the Press.





Utah State Records Committee looking to fill vacancy for public member

13 05 2013

Do you have an interest in open government? The Utah State Records Committee is looking for you.

The committee is seeking applications from people interested in filling the vacancy for a second public member on the seven-member body. The committee hears appeals of records requests, as well as establishes records retention policies.

The board includes representatives of local government, news media, private business, the governor’s office and the public.

The current opening was created when the Utah State Legislature amended the law defining the committee’s membership, converting the state auditor’s position into a public member’s seat. State Auditor John Dougall asked for the change on the grounds that he didn’t want a conflict of interest if he had to audit the committee.

(Dougall fired Betsy Ross, the auditor’s appointee to the records committee, claiming she was not doing her job as the auditor’s director of legislative and government affairs. Ross, as the committee’ chair, had opposed HB477, the bill Dougall sponsored as a lawmaker that gutted the Government Records Access and Management Act).

The public member would be nominated by the governor, and approved by the Utah State Senate.

Lex Hemphill, the committee’s chairman, said interested parties can apply on the governor’s website, under boards and commission, or by contacting the board’s secretary, Susan Mumford, at smumford@utah.gov or at 801-531-3861. Hemphill said contacting Mumford would allow the committee to know who applied.