Gov. Cox taps former Utah AG records counsel as new public records director
Utah Gov. Spencer Cox has appointed a former Utah Attorney General's Office attorney to fill a new role that will be a key decision-maker over which government records do — and don't — become public.
Cox picked Lonny Pehrson, who most recently worked as records counsel for the Utah Attorney General's Office, to be the first director of the state's newly created Government Records Office. His nomination will be subject to consent from the Utah Senate.
'We look forward to the Government Records Office streamlining the appeals process and helping Utahns get timely answers to their records requests,' Cox said in a prepared statement. 'Lonny Pehrson's legal expertise and commitment to good governance make him the right person to lead this important effort.'
Pehrson said he's 'honored' for Cox's nomination 'and truly appreciate the trust and responsibility it entails.'
Utah lawmakers look to dissolve, replace State Records Committee. Here's why that matters
'I look forward to establishing the Government Records Office which will better facilitate access to government records in accordance with the law,' Pehrson said in a prepared statement.
Earlier this year, the Utah Legislature voted to approve SB277, which dissolved and replaced the 30-year-old, seven-member State Records Committee with a single decision-maker. At the time, the bill's sponsor, Senate Majority Assistant Whip Mike McKell, R-Spanish Fork, said the change is meant to address 'inefficiencies,' cut down on wait times for records decisions, and replace the State Records Committee with someone with more 'legal experience.'
Critics, including media professionals, argued the move would consolidate too much power with one person and lead to less transparency. The Society of Professional Journalists awarded the Utah Legislature its annual Black Hole award for the passage SB277, along with another, HB69, which made it difficult for people who challenge the government over public records denials to recoup their attorney fees.
Pehrson, in his new role, will now decide appeals to records requests that have been denied. He'll be responsible for adjudicating records appeals hearings and supervising the Government Records Ombudsman and staff.
'He will also serve as a resource to citizens and governmental entities regarding government records management, ensuring lawful access to records and information, and leading a team that conducts statewide training in records and information management,' a news release issued Monday by the Division of Archives and Records Service said.
'Disregard for transparency': Utah Legislature's public records laws earn it a 'Black Hole' award
Pehrson, in his previous role as records counsel for then-Utah Attorney General Sean Reyes, argued against releasing Reyes' calendar in response to requests from local news outlets KSL and The Salt Lake Tribune.
The State Records Committee ultimately sided with reporters, and in February a judge ruled that Reyes' work calendar should be released. The same day as the judge's ruling, however, the Utah Legislature passed a bill to allow elected officials and government employees the ability to keep their calendars — including work meetings — private moving forward.
Reyes didn't seek reelection last year after concerns surfaced over his past relationship with the embattled anti-trafficking nonprofit Operation Underground Railroad and its founder, Tim Ballard. Earlier this year, a legislative audit of Reyes' administration concluded that 'insufficient transparency' resulted in 'a lack of accountability for the position of the attorney general.'
State leaders, however, applaud Pehrson as an expert in Utah's public records law, the Government Records Access and Management Act (GRAMA).
Kenneth Williams, director of the Utah Division of Archives and Records Service and state archivist, said in a statement that his department is 'thrilled' to welcome Pehrson.
'I have worked with Lonny for several years and know that his expertise in records law and dedication to public service will be invaluable as we continue to ensure appropriate and reliable access to government records for the people of Utah,' Williams said.
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