Bill protecting elected officials’ calendars signed by Gov. Cox

SALT LAKE CITY (ABC4) — The daily calendars for Utah’s elected officials are no longer considered public government records after the Utah Legislature and Gov. Spencer Cox passed and signed a senate bill protecting them on Wednesday, Feb. 28.

Sen. Curtis Bramble (R-Provo) said his bill, S.B. 240, was intended to enforce privacy protections that were already in place by eliminating any confusion or misunderstanding of the current language in the bill. His co-sponsor, Rep. Brady Brammer (R-Pleasant Grove), agreed.

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“This bill does two primary things,” said Brammer. “First, it allows attorney fees against a non-government actor that is advocating opposition to the disclosure of a record. The second thing it does is that it clarifies the personal calendar and daily calendars are not government records.”

Recently, the question of whether or not daily calendars for elected officials was called into question in Utah Court. An investigative reporter requested the calendar for Utah Attorney General Sean Reyes as part of a report. Reyes’ office denied the request, claiming his calendar does not count as a “record” under Utah’s Government Records Access and Management Act.

After a year-long court battle, a Salt Lake County District Judge ruled in favor of the investigative reporter as Reyes’ calendar, which reportedly had personal appointments, also contained official meetings he attended as an elected public official.

While Reyes has previously stated he intends to appeal the court’s ruling, the Utah Legislature has already worked to pass down S.B. 240 which would change the law.

Supporters of the bill said their work is still open to the public. Rep. Kera Birkeland (R-Morgan) said anyone who wants to know her official calendar can ask her for it and the bill simply helps protect elected officials from an “exploitative media.”

“We do not have an honest journalism system within a few exceptions of this state,” said Birkeland on the House floor. She noted there are a few outlets and journalists who do their best to serve Utah neutrally. “But the majority of our media wants to criticize and make something out of nothing and that forces us to do less. That doesn’t create a more transparent government.”

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Birkeland backed her Capitol Hill colleagues saying the best way to get a better and more transparent government is by connecting and meeting with voters, rather than through media stories.

Reps. Brett Garner (D-West Valley City) and Brian King (D-Salt Lake City), however, criticized the bill, saying it makes Utah’s government less transparent.

“I appreciate the delicacy of our personal safety and our personal time, but I believe that when we are on the public’s business, the public has a right to know what we are doing,” said Garner. “If that includes our calendars that they can find out in the future and not in advance, this is something we should strongly consider. Erring towards transparency and not secrecy.”

King agreed with Garner saying elected officials are already challenged by the lack of trust with constituents. He said as long as elected officials are working in good faith and doing their job well, they should be open and transparent and voters should have easy access to prove that.

“Let’s be open-handed with the people that we serve,” said King. “This bill does not do that.”

S.B. 240 passed through the Senate with a 22-7 vote and in the House on a 52-22 vote. It was signed into law by Gov. Cox on Wednesday, Feb. 28.

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