Public records bill would impact reporting on government probes
by Paul Nelson February 17, 2022
SALT LAKE CITY — A bill before the Utah Legislature would make it harder for reporters — and the public — to access some records stemming from internal government investigations.
Friday at 8 a.m., lawmakers plan to take up House Bill 399, which targets the types of public records available through GRAMA, Utah’s Government Records Access and Management Act.
GRAMA and compelled testimony
Like the Freedom of Information Act, which allows the public and the media to request records from federal government agencies, GRAMA allows the public and the media to access records from state and local agencies in Utah.
H.B. 399 affects a small part of GRAMA. Specifically, it would impact official, compelled statements made by government employees as part of an internal investigation.
This type of compelled statement happens most often with police officers.
“They’re required, by law, to make a statement under the threat of dismissal, the threat of being fired, if they don’t comply,” said Sen. Curtis Bramble, R-Provo.
These compelled statements are known as “Garrity statements,’ based on Garrity v. New Jersey, a U.S. Supreme Court decision. Essentially, the justices ruled governments can compel police officers to make statements or lose their jobs. However, prosecutors cannot use those statements against the officers in a criminal case.
Bramble supports exempting those statements from public records requests as well.
“It may be protected from convicting him in the court of public opinion,” he said.
