SALT LAKE CITY — It started with a simple request more than a year ago, asking police to show us photos of their officers.
The Utah Department of Natural Resources (DNR) said no.
DNR felt so strong in its beliefs that the agency spent taxpayer dollars to battle with FOX 13 News before the State Records Committee.
“The public doesn’t have a right to know what police officers look like?” asked FOX 13 News investigative reporter Adam Herbets.
“They’re not public records,” argued Charles Lyons, the Utah deputy attorney general representing DNR.
The case took 286 days to adjudicate, but the State Records Committee ultimately decided in a 4-2 decision that everyone in Utah has a right to know who is policing their communities and what they look like.
“Adam Herbets vs. DNR” was the final case heard before the State Records Committee before it was dismantled by the Utah State Legislature.
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FOX 13 News made the initial request for public records as part of an investigation that exposed game wardens who were caught writing an inordinate amount of speeding tickets on freeways. Current and former officers felt the game wardens were patrolling highways, or, as they put it, “encroaching on UHP’s territory,” in order to get a better score on their next performance review.
Traffic stops on freeways by the department tripled from 2021.
DNR has confirmed wildlife officers are graded on their ability to document one violation of the law every 23 hours. Some lawmakers have criticized the department, referring to the policy as an illegal quota. Others were more supportive. DNR refused to change the policy.
From July 2023 to May 2024, three game wardens conducted more than half of the agency’s traffic stops on freeways.
DNR chose not to release photos of the officers, citing safety concerns.
“Police officers are routinely put into highly volatile situations where they put their lives on the line every single day,” Lyons said.
Members of the State Records Committee did not buy that argument, especially because DNR routinely posts officers’ images in promotional photos and videos online.
“Guess what? If you argue it’s protected, you can’t use it for the positive stories or the feel-goods on Facebook,” said Linda Petersen, the chair of the State Records Committee. “If you’re so worried about your officers, you should be applying your rule across the board.”
FOX 13 News did not request photos of undercover officers.
Logan Wilde, a member of the State Records Committee, referred to DNR’s argument as “haphazard.”
“Have you had an incident where an officer has been harassed or the safety of them or their family has become an issue?” asked Nova Dubovik, another member of the State Records Committee.
“Honestly, I can’t say,” Lyons responded. “I can’t say that there has been a specific instance that I’m aware of.”
Many agencies in Utah already post photos of their officers in the lobbies of their police departments.
“It’s a professional photo,” Dubovik said. “They’re in their uniform. They probably have a flag next to them. It’s not a compromising photo. It’s a professional photo.”
Ed Biehler, another member of the State Records Committee, opposed his colleagues because officer photos might be included in an employee's personnel file. Biehler also serves as the chief of police for the Bountiful Police Department.
Police accountability
Several groups of retired law enforcement officers are now applauding the decision.
Jared Kraft and his father Greg Kraft both retired from the California Department of Corrections. They believe transparency and accountability are vital to the future of policing. One of the reasons they feel that way? They were both cited by DNR in March 2024. The charges were dropped.
They also both understand the importance of “officer safety.”
Jared Kraft dislocated his shoulder and was forced into medical retirement after a fight with an inmate. But the idea of “officer safety,” in his mind, has nothing to do with this case.
“Would you be worried if people knew what you looked like?” asked FOX 13 News investigative reporter Adam Herbets.
“No,” responded Jared Kraft. “We’re already out in the public already... You can look up information from salaries, to names, to everything, so no. It just doesn’t make any sense to hide the face of an officer for any reason.”
Documents show members of the Kraft family were accused of improper fishing, fishing without a license, obstruction of justice, and impersonating police.
“JARED and GREGORY showed their law enforcement badges from California, knowing that the
badges held no authority,” wrote DNR Sgt. Brandon White in his report. “The manner in which the badges were shown posited a false authority even though they both stated they had retired.”
Jared Kraft disclosed his status as a medically retired officer during his interview with police.
DNR officers could be seen and heard on bodycam video, in the privacy of their cars, annoyed with the Krafts for mentioning their status as former law enforcement.
“He flashed his badge and then just started lying,” said DNR Officer Jason Anderson. “Are you for real right now, man?”
A prosecutor with the Beaver County Attorney’s Office dropped all charges.
“They were doing it for numbers,” believes Greg Kraft.
According to DNR policy, charges do not have to be prosecuted or result in a conviction for the documented “violation” to count toward an officer’s performance goal.
Months later, the department came back to write Jared Kraft a ticket for buying a Utah fishing license too quickly after moving from California.
The Krafts said they understand officers have a job to do, but they feel cases like theirs raise legitimate questions about abuse of power, proving why the public ought to be able to see who’s wearing the badge.
“There’s nobody that would advocate more for law enforcement safety than my dad and I,” said Jared Kraft. “We pray every night for our officers... This is just not one of those cases.”