The Utah Senate is dragging its feet on confirming the reappointment of three members of the Utah State Records Committee. Until the Senate acts, the committee tasked with deciding whether government records should be public will be paralyzed because there aren't enough members to conduct business.
The Utah State Records Committee is a seven-member body that hears appeals when the government denies access to records. The members who serve four-year terms are appointed by the governor with specific requirements. Two seats are for private citizens, while others represent the media, state and local government and the private sector.
In February, Utah lawmakers rushed to pass a bill exempting the calendars of public officials and state employees from open records requests. Cox quickly signed the bill shortly after it was delivered to his desk.
The legislation was seemingly prompted by a Utah State Records Committee ruling that gave the media access to the work schedule of scandal-plagued Attorney General Sean Reyes. The committee has sided with the media several times since over access to public officials' calendars.
Reyes, whose office has been dogged by multiple scandals, has filed a lawsuit in a last-ditch attempt to keep his calendar away from the public. He is not running for re-election.
In September, the Senate Business and Labor Confirmation Committee received a notification from its staff that Cox had reappointed three members to another term:
- Nancy Dean's term expired on May 31. She represents local government on the committee
- Marie Cornwall, representing private citizens, and Mark Buchanan, representing the private sector, saw their terms expire on Sept. 30.
The Senate committee has not held a confirmation hearing on those appointments, leaving the State Records Committee with just four members. Utah law specifies that the committee must have five members present to conduct business. Until the Senate acts, the committee is paralyzed.
The Records Committee usually meets monthly, but there's no meeting for October on the calendar.
According to emails obtained by Utah Political Watch, on Sept. 5, 2024, committee members were informed of Cox's reappointments. In one email, Sen. Dan McCay, R-Riverton, asked for information about the appointees.
"I see that all are reappointed to their positions, but I don't know how long or how many terms they've been in. I've heard some concerns about just keeping people on autopilot on the state records committee, which is the reason I ask," McCay wrote.
Committee staff proposed holding a confirmation hearing on Sept. 9 or 10. The committee did not meet in September. In their meeting on Oct. 3, the committee approved Falyn Owens's nomination as a Commissioner for the Alcoholic Beverages Services Commission. There were no other items on the agenda.
“There was insufficient support for those nominees. We are working with the governor's office to receive new appointments," Sen. Curt Bramble, R-Provo, the committee chair, said in a statement provided to Utah Political Watch.
That's news to Sen. Nate Blouin, D-Salt Lake City, who sits on the committee. He says he was never asked if he supported the reappointments. He added the lack of action from his Republican colleagues kneecaps an important state committee.
"The State Records Committee is a critical safeguard of transparency and accountability that empowers good governance for the benefit of all Utahns," Blouin said.
"By failing to confirm timely appointments to the committee, the Republican supermajority, as has become routine, has abdicated their responsibility to ensure that Utahns have access to the information they need to make informed decisions about state government. It is up to the majority to schedule a hearing and recommend new members so that the committee may fulfill their important duties as soon as possible."
During the committee's Sept. 25 meeting, there was speculation that Buchanan and Cornwall would not return as members despite being reappointed.
There's no indication that Cox has withdrawn the nominations, but his office appears to be actively soliciting applications for the positions. The state website for boards and commissions lists the three Records Committee seats as open.
A spokesperson for Cox's office did not respond to questions.
It's not the first time the Senate has rebuffed one of Cox's nominations. In 2023, Cox appointed Democratic Salt Lake County Council member Suzanne Harrison to a position on the Utah Air Quality Board. The Senate Natural Resources, Agriculture and Environment Confirmation Committee rejected that nomination. Cox later withdrew Harrison's name from consideration.
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