SALT LAKE CITY — A Senate committee on Monday gave a favorable recommendation to the nominee who would consider public records disputes.
Most of the witnesses asked senators to vote no, but Lonny Pehrson’s nomination survived by a 5-2 vote. It will go to the full Senate for final confirmation. That vote is expected later this month.
Pehrson has been an assistant Utah Attorney General since 2016. In his opening statement, he acknowledged people upset with how he often had to deny records requests sent to that office.
“Over the years, I’ve had countless discussions with attorneys and officials from all different levels of government regarding records requests,” Pehrson said. “Quite frequently, my role was to encourage disclosure of records – often when doing so was not the preferred course of action.”
Pehrson, 52, said he has an “obligation to zealously represent” the attorney general but understands as state records officer, he would be an arbiter.
“Thus, I do not believe that my current employment would in any way compromise my ability to lead the government records office,” Pehrson said, “or to fairly and impartially decide records disputes that might come before me.”
Pehrson, who was joined at the Capitol by his wife and their seven children, also discussed his years as a clerk for the federal courts. His job was to review pro se motions – petitions filed by citizens who are not lawyers. He said the role taught him how to be a good judge and how to liberally consider the arguments made by non-professionals.
If confirmed, Pehrson would be tasked with hearing appeals when state and local agencies deny requests made under the Utah Government Records Access and Management Act, or GRAMA. The Legislature created the records officer when it dissolved the seven-member State Records Committee that heard appeals.
As with the committee, any party dissatisfied with the officer’s ruling can appeal it to state court. However, the Legislature also made it harder for requesters to recoup their legal fees.
Requesters must now demonstrate that the government agency acted in “bad faith” when withholding a record.
That power coming with granting or denying an appeal was raised by Pehrson’s opponents. Some also raised concerns about requests he denied, including the calendars of then-Attorney General Sean Reyes and voter-related information sought by former gubernatorial candidate Phil Lyman and his supporters.
“We need to bring somebody in from outside that doesn’t already have relationships made within the executive branch,” said Jen Brown, of the group Utah Citizens For The Constitution.
“Someone that has declined GRAMA requests in the past makes me concerned for the citizens,” added Jennifer Garner. She and Brown asked senators to vote no.
Only Sen. Nate Blouin, D-Millcreek, and Sen. Ronald Winterton, R-Roosevelt, voted no.
Pehrson pledged to address the backlog of GRAMA appeals. Requesters appealing denials currently wait months for a decision on whether they can have the documents they requested.