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Need Public Records? Utah Appoints One Man to Resolve Disputes

Utah Senate Confirms Lonny Pehrson as First State Records Officer

SALT LAKE CITY — In a notable decision, the Utah Senate confirmed Lonny Pehrson as the state’s inaugural records officer with an 18-8 vote, garnering support from two Republican senators alongside the entire Democratic caucus. Governor Spencer Cox, who nominated Pehrson, backed his confirmation despite opposition from diverse civic groups.

Pehrson’s new role involves adjudicating appeals under the Utah Government Records Access and Management Act (GRAMA) when state and local agencies deny records requests. His appointment comes after the Legislature dissolved the previous seven-member State Records Committee, which handled appeals.

The current legislation poses stricter conditions for requesters seeking to recover legal fees related to denied requests, stipulating that agencies must have acted in “bad faith” to qualify for such reimbursements.

Previously serving as an assistant attorney general since 2016, Pehrson acknowledged the burden of denying records requests during his confirmation hearing. He indicated that, despite previous frustrations from requesters, he often urged disclosure when feasible.

At 52, Pehrson expressed confidence in his ability to balance his past responsibilities with his new role as arbiter. “I have an obligation to zealously represent [the attorney general],” he stated, “but I believe I can fairly and impartially decide records disputes.”

Concerns were also voiced about the powers associated with his position, particularly regarding past records he denied, including calendars from Attorney General Sean Reyes and election-related information sought by former gubernatorial candidate Phil Lyman.

As Pehrson embarks on this new chapter, the effectiveness of his leadership in promoting transparency will be closely scrutinized by both supporters and critics alike.

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