SALT LAKE CITY — A committee of state senators has advanced a bill that would limit the public's right to know about government misconduct.
Sen. Stephanie Pitcher (D-Salt Lake City) said the purpose of Senate Bill 288 is to protect victims.
The bill would also protect taxpayer-funded employees accused of inappropriate behavior if they resign in lieu of discipline.
For example, a Salt Lake City Police Department officer named Mark Keep resigned after an investigation found that he prompted a rookie officer to use a box cutter on a dead homeless man.
FOX 13 News learned about the case from concerned officers, prompting us to file a request for public records.
Under SB 288, Keep's name could be redacted if he resigned early enough to prevent a "final written decision on a matter of alleged employment or workplace misconduct."
The Utah Supreme Court has issued several rulings to explain why some investigative records into government-employee misconduct must be public even without sustained charges.
Why?
Utah requires the government to use a "balancing test" when deciding whether to release records. The balancing test considers an employee's right to privacy versus public transparency. In many cases, the courts have found the public's right to know trumps any privacy concerns.
SB 288 would prohibit courts from issuing similar rulings. The bill would prevent some records from being public even if the release of those records is in the public's best interest.
"Categorically putting things off limits to the public doesn’t make much sense," said David C. Reymann, an attorney representing the Utah Media Coalition.
Pitcher did not address the concerns. Instead, she focused the conversation on how SB288 would require the redaction of information related to witnesses and victims.
"The potential for these allegations to be disclosed publicly gives victims very little confidence that they have an avenue to safely and privately report it," Pitcher said. "Our records process should not come at the expense of our government employees."
In most (if not all) cases, the government already redacts the names of victims.
People on both sides of the bill agreed their names should be protected. FOX 13 News abides by journalistic standards to not report the names of victims without their consent.
Under current state law, records cannot be released if they would interfere with a pending investigation.
Under SB 288, active investigation records could not be released under any circumstances — even if the records would not interfere with a pending investigation.
If the bill passes, it could lead to the release of more records. The bill prompts the release of records related to unsustained complaints — so long as the names of the witnesses, alleged victim(s), and alleged perpetrator(s) are redacted. Previously, requests for some of these records have been denied under Utah's balancing test.
Pitcher has repeatedly declined to comment.
Sen. Nate Blouin (D-Salt Lake City) applauded her commitment to protecting victims while still encouraging her to work with critics to address other concerns with the bill.
