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Bill intends to shield government employees accused of inappropriate behavior

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SALT LAKE CITY — State lawmakers are preparing to debate a bill that would stop the release of records related to government employees accused of inappropriate behavior.

If passed, Senate Bill 288 would only allow the release of government records when an employee is formally disciplined.

Critics of the bill say government employees accused of sexual misconduct often resign before they can be formally investigated or disciplined.

Such records are currently released under state law because of a Utah Supreme Court ruling that found "the public interest in governmental accountability will often prevail over the interest of insulating an official from unwanted intrusion."

The bill would protect any government employee accused of misconduct such as politicians, police officers, or teachers.

Cari Bartholomew, Utah State Director of Moms for America, said she is concerned with the lack of transparency leading to revictimization of children.

"The problem there is that many people will just go and find another job in the same field," Bartholomew said.

Sen. Stephanie Pitcher (D-Salt Lake City) said she is aware of the public's concerns. She said the current version of the bill could be pulled entirely. Otherwise, she said it would be rewritten and substituted prior to its introduction.

FOX 13 News has repeatedly asked what a new version of the bill would entail.

Pitcher declined to comment.

"Still working on it," she said. "I'm happy to share that once I've got it."

Sen. Mike McKell (R-Spanish Fork) introduced a similar bill earlier in the session, seeking to eliminate the release of records where the public interest outweighs any privacy concerns.

"Should government employees be allowed to have these records held in perpetuity because they resigned before the investigation could be completed?" asked FOX 13 News investigative reporter Adam Herbets.

"I think that’s a good question," McKell said. "I think we need to work on that. The answer to me, obviously, is no."

Senate Bill 288 will be debated at 4:00 p.m. on Thursday before the Senate Government Operations Committee. Members of the public can testify for or against the bill online or in person by going to Utah Senate Building, Room 220.

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