SALT LAKE CITY — Before he was nominated to be Utah’s first records officer, Lonny Pehrson often found himself arguing to keep documents out of public view.
Pehrson, who has been a lawyer in the Utah Attorney General’s Office, referred to requests to see the calendar of then-Attorney General Sean Reyes as a “fishing expedition.” A judge said Pehrson and his employer did not sufficiently search for records, and there was an audit saying Reyes himself was not transparent.
“Lonny Pearson has proven through his service at the Utah Attorney General's Office to be someone who doesn't promote the spirit of GRAMA, but who makes every effort to thwart it,” said Paul Amann, a former prosecutor in the AG’s office.
“GRAMA” is Utah’s public records law — the Government Records Access and Management Act. Gov. Spencer Cox has nominated Pehrson to be the act’s chief steward.
If confirmed by the Utah Senate — a hearing is scheduled for Monday — Pehrson would be tasked with hearing appeals when state and local agencies deny records requests.
WATCH: Former Utah Attorney General Sean Reyes slammed for lack of transparency, conflicts of interest in audit
Pehrson’s office would also “be a resource to citizens and government entities,” according to the bill the Utah Legislature passed this year creating the office, to help both groups navigate the state’s records laws.
Pehrson, through a spokesperson, declined a FOX 13 request for an interview. Pehrson issued a statement to The Salt Lake Tribune.
“I look forward to establishing the government records office, which will better facilitate access to government records in accordance with the law,” the statement said.
At the Attorney General’s Office, Pehrson would sign letters granting or denying records, including answers to requests from FOX 13, with the title of “Government Records Counsel.”
He is best known for opposing the efforts of news outlets that wanted to see Reyes’ calendars. It was in a hearing before the Utah State Records Committee that Pehrson made the remark calling the requests a “fishing expedition.”
A judge eventually ordered the calendars released.
WATCH: Utah A.G. Sean Reyes’ official calendars must be available to the public, judge rules
Reyes opted not to seek reelection in 2024. In January of this year, a legislative audit stated, “The AG has not been transparent with the public.”
Auditors claimed Reyes did not provide all the records auditors requested. The audit report did not mention Pehrson or GRAMA specifically.
“I have an outstanding number of cases in which Lonny Pehrson is involved and in which he has withheld records,” Amann said.
Amann contends he was terminated after speaking up about what he thought to be violations of the law within the Attorney General’s Office. Amann then filed his own lawsuit trying to obtain records pertaining to his termination.
A state judge ruled Pehrson and the office did not conduct adequate searches for records. The lawsuit is still under appeal. Other GRAMA litigation between Amann and the attorney general continues, as well.
Amann believes Pehrson, if he’s confirmed as the records officer, will keep records away from the public that they are entitled to have.
“That person should be a watchdog for the right of the people to have transparency,” Amann said.
The Legislature created the records officer when it dissolved the seven-member State Records Committee that heard GRAMA 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.
Sen. Nate Blouin, D-Millcreek, said he will “hear it out” regarding Pehrson’s nomination, but added: “I’m definitely learning toward no right now.”
“We could have gone and looked, really, around the country,” Blouin added, “and found someone who had experience in this sort of thing and had them have the office. We found someone that was really close to the governor, close to other state officials.”
The most recent voter registration FOX 13 could find for Pehrson shows he is not affiliated with any political party.