People often ask me if I regret any of my votes in the Legislature. For the first 10 years, the answer was “no.” Some of them turned out to be dumb, but I always did the best I could, based on what I knew. The occasional bad outcome comes with making a lot of decisions. That’s just life, not the subject of regret. But, now I’ve got one I regret: HB 477. I screwed up. I’m sorry.
Utah’s public records disclosure act (“GRAMA”) needs to be updated and clarified. Since its birth 20 years ago (in a simpler world of letters, phone calls, and oral conversations), the Legislature has not modernized GRAMA to adequately address emails, text messages, PINs, and instant messages. Instead, the Judiciary has taken up the task with decidedly mixed results. This year, the Legislature took up the modernization task – sort of.
Though many of the yes/no decisions we made regarding the records and costs of production might have been fine, we screwed up by fast-tracking the process. We studied the issue; we thought we knew what should be done; and, we did it – quickly – meaning that the public did not get much chance to participate in this important modernization process. And that was stupid. At the end of the day, the public might or might not have agreed with some of the conclusions we reached; but, having never had the opportunity to participate, the public rightly is incensed and wants the whole thing thrown out.
So, again, that was stupid on our part. The right thing to do now is to start over.
I’m in favor of repealing HB 477, and laying out the decision points to the public for quality dialogue (e.g., are text messages formal or transient communications or should the media pay for extremely broad records requests). I’ve been asked to participate in a working group that will look into the modernization of GRAMA. We have our first meeting Wednesday. I’ll post often in this space, inviting the type of public participation that we should have had from the outset.
The Public isn’t upset because we didn’t get to participate in this “modernization” process. The Public is upset because of bullheaded politicians that didn’t think about the Public and only thought about protecting themselves. You are a *public* servant using devices paid for by the public . . . so it is my right to know what/how those devices are being used.
Sadly you all spent more time talking about killing cats and making firearms state symbols then you did about HB477 . . .
BRAVO! BRAVO!
I totally agree with Zach. This is bogus. And you don’t actually regret your vote, you’re just trying to cover yourself after seeing how upset the public are.
If you’re really in favor of repealing HB 477, then do it. Don’t just make a blog post about it.
The public isn’t just upset by their lack of input into the process. Your remakes make it seem as if there had been input this would have then been good law. The problem is this is unnecessary and bad law that had no business being passed. Giving input now and your arguments make it sound like the same law should be passed after hearing from the public and all will be right. Way to not admit that you voted for bad, self serving law that protects your own and not the public’s interest. Also for all of your concern over input the Republican Caucus still holds closed door meetings to repeal the bill, great work.
Sorry, typing too fast. I see that you are making the technology argument, not the privacy argument. All the same, it’s another myth and–come to think of it–I haven’t heard anyone mix the “blame the courts” false talking point with the “technology is hard” talking point quite the way you have. Normally the courts are implicated in the “privacy is important” false talking point.
Nevertheless, the technology argument is also a myth.
http://www.scribd.com/doc/51112447/HB477-INFO-Fact-and-Fiction-PDF-1
“I haven’t heard anyone mix the ‘blame the courts’ false talking point with the ‘technology is hard’ talking point quite the way you have.”
Let me try again. Regarding the courts, I intended to convey that courts had stepped into a void created by legislative inaction. Rather than leave the courts to interpret silence, policymakers should conduct hearings and fill the existing gaps in the statute.
Regarding technology, I intended to convey that GRAMA is silent regarding several types of technologies. It should be amended to specifically address modern technologies.
“If you’re really in favor of repealing HB 477, then do it. Don’t just make a blog post about it.”
I’m working on that.
It seems to me to be simple:
1. ALL public business conducted on a member’s publicly issued device(s)
2. Make use of private device(s) for conducting public business a criminal offense.
Steve, I’m glad to see that you’re leading the effort to get this bill repealed. If my senator, Mark Madsen, doesn’t join you he’s going to have some explaining to do come election time. I’m disappointed this law was passed in the first place but hopeful that a prompt repeal will lead to an open and careful deliberation of any issues with GRAMA that need to be addressed.