SALT LAKE CITY — The Utah Senate on Wednesday confirmed Lonny Pehrson as the state’s first records officer.
Pehrson was confirmed on an 18-8 vote with two Republicans joining all the Senate’s Democrats. Civic groups from multiple sides of the political spectrum had opposed Pehrson’s nomination, but he had support from the man who nominated him, Gov. Spencer Cox, and other figures within state government.
Now confirmed, Pehrson is 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 the government agency acted in “bad faith” when withholding a record.
Pehrson had been an assistant Utah Attorney General since 2016. At a confirmation hearing earlier this month, 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 had 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.”
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.
