Joel CampbellSociety of Professional JournalistsAssociate Professor – Journalism School of CommunicationsBrigham Young University

Linda PetersenSociety of Professional Journalists

Freelance JournalistPresident - Utah Foundation for Open Government

 A popular Government without popular information or the means of acquiring it, is but a Prologue to a Farce or a Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors, must arm themselves with the power knowledge gives. 

U.S. Constitution – First Amendment rightCourt hearing and record access

U.S. Freedom of Information Act - FOIA (records)

U.S. Government in the Sunshine Act (meetings)

Utah Government Records Access and Management Act - GRAMA

Utah Open and Public Meetings Act

Enacted in 1991 Legislative session Update nearly every session since. 2011 – HB477 Costs Privacy Technology Balancing test

Salaries of coaches and leading elected officials Sandy’s bonus scandal Retiring in place Olympic bribery scandal investigation Campaign contributors to politicians Stories showing how soldiers were sprayed with

biological agents at Dugway Proving Ground Effects on “downwinders” from above ground

nuclear tests

Police reports School teacher disciplinary records Voter registration records Professional licenses Audit reports Correspondence Incorporation records

All records are considered public unless otherwise specified

If public interest outweighs private interest the record may be disclosed

Right to inspect records free of charge Government cannot use form of record to

restrict access. No use test No expertise test

Public – Salaries of public officials-Public Tier II – police records

Private – Medical and welfare records Controlled – Adoption records Protected – Trade secrets Limited – Catch-all exemption – FERPA,

HIPAA

Find the record keeper Finesse a request Make a written request Wait for a response Appeal to the head of an agency State records committee Court

SPLC.ORG

LETTER GENERATOR

OPENRECORDS.UTAH.GOV

Not held by state, check local ordinances 10 days for normal response 5 days for expedited response involving

“public interest” Request for fee waiver for “public interest” Journalists preparing a story for air or

publication considered acting in “public interest”

A quorum must be present Notice must be made 24 hours in

advance Meetings must be closed by 2/3 vote Agenda must be posted or mailed Minutes must be taken and are public

documents

Recordings of open sessions Detailed written minutes and

recordings must be kept of closed sessions except discussions of character and security

Sworn statement needed after character and security discussions

Misdemeanor penalty

Discussion of character, professional competence or physical or mental health of an individual

Strategy sessions for collective bargaining Strategy sessions for “imminent” litigation Strategy sessions to discuss the purchase,

exchange, or lease of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms.

Strategy sessions to discuss the sale of real property when: value would be disclosed, notice of sale had been given, terms of sale are disclosed

Security discussions Investigations of criminal misconduct Discussion of “commercial information”

for property tax appeals

Diffuse the open meetings bomb. “Retreats” should raise a red flag. Be careful of attorney-client privilege. Challenge “stealth agendas Question boilerplate closures. Beware or “electronic meetings” No votes for “executive sessions” Beware of “work meetings” or “committee of the

whole” meetings Get the meeting documents Beware of executive sessions for non-specific times

and locations

Joel Campbell foiguy@gmail.com 801-362-4298

Linda Petersen linda@bpmedia.com 801-554-7513