...The First "secial" Session of the Fifty-Ninth Legislature
Friday, March 25, 2011
Legislative Spelling FAIL
Live, from the gallery of the Utah Senate....
...The First "secial" Session of the Fifty-Ninth Legislature
...The First "secial" Session of the Fifty-Ninth Legislature
My speech for today's HB477 rally, as prepared.
From the Government Records and Management Act:
(1) In enacting this act, the Legislature recognizes two constitutional rights:
(a) the public's right of access to information concerning the conduct of the public's business; and
(b) the right of privacy in relation to personal data gathered by governmental entities.
(2) The Legislature also recognizes a public policy interest in allowing a government to restrict access to certain records, as specified in this chapter, for the public good.
To listen to the Legislative leaders and the Governor, this is what they want from revising GRAMA.
Ironically, this is language found in the Act passed 20 years ago that the Legislature stripped with HB477.
I’m not surprised that they are saying one thing and doing another. After all, that’s all they’ve done this month.
They say that HB477 was rushed through the process so that it could be discussed. In reality, discussion works better if you take the time to deliberate.
HB477 was released to the pubilc on the afternoon of March 1. Supporters of the bill had known it was coming for a minimum of a couple of weeks. Yet at the first public hearing on March 2, they could not find a single non-legislator to speak in favor of the bill. But many people spoke in opposition to the bill. The full house voted on March 3 to pass the bill. March 4 brought us another public hearing, this time in the Senate. Again, no supporters came from the general public. Opponents, however, did speak. It passed the Senate later that day, and they adjourned for the weekend.
And,that’s when the public pressure started. That brought about the “comprimise” that I like to call “Cut first, measure second.”
And the public pressure has continued.
Which is what brought all of us here today.
When asked if today’s Special Session to repeal HB477 was a sign that the Legislature was in the wrong, Becky Lockhart said “we didn’t break any rules.”
Madam Speaker, you didn’t need to break any rules, because the rules are broken.
I’m nominating Speaker Lockhart for every Open Government award I can find. I’m doing this because she has raised public awareness of just how closed Utah’s Legislature really is.
After all, this is the body that earlier this week held a closed-door meeting to discuss open government.
The Senate doesn’t want to repeal the bill until they have something to replace it with.
However, they have yet to make a legitimate claim that GRAMA needs to be fixed.
They say GRAMA is costing taxpayers. They have yet to give us a dollar amount that GRAMA costs, however. They also ignore the fact that section 203 of GRAMA allows the charging of fees to recover a good amount of the costs. Let me re-phrase that. It doesn’t just allow for the charging, it makes charging fees the default position for the Government.
They say that HB477 was needed to prevent fishing expeditions from the media. However, the fishing expeditions they cite came from the public, not the media.
Plus, if they would stop restocking the pond, we’d stop fishing.
They claim that HB477 was needed to protect their privacy. Well, you’re the one who chose Public Office. You registered as a candidate. YOU went through the physical, emotional, and financial costs of running a campaign.
When you ran for the Utah Senate, you accepted the laws surrounding civil service.
If there are no skeletons in your hot tub, state legislator is not a job title you should hold.
That being said, there is an easy way to keep Private matters Private: Do the public’s business with you public cell phones and public email. Do your private business with your private cell phone and private email!
=======
Last night, a friend asked me why we needed GRAMA in the first place. The best answer I have comes from LDS Scripture where it says:
“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, ... they will immediately begin to exercise unrighteous dominion.” (D&C 121:39)
We need the ability to see what the government is doing to prevent them from running us over. Both elected officials and government employees. They are our employees. We are their bosses. It doesn’t matter if it’s a small government like the one that runs the town of Scipio or big government like the Utah Legislature. It doesn’t matter if it’s a liberal government like Salt Lake City, or a conservative one like Provo.
A Republic only works if the citizens can trust their government. Citizens can only have the trust of their Government if that government runs as open as possible.
Having ⅔ of the Legislature regularly meet behind cosed doors is not having an open government. Rushing bills from public release to ready for signing is not open government.
Hiding your text messages is not open government. The people should know what you are doing. We, The people are your employers. If you don’t like that fact, get another job.
The Legislature thinks that repealing HB477 will get the public off their backs. And, admittedly, we will back off a little. However we’re not going away. We’re going to pay attention to the working group. We’re going to pay attention to whatever new bill surfaces.
And, come election season, we’ll remember your actions in March of 2011. We’ll remind our neighbors. And we’ll help solve your privacy concerns by returning you to the private sector.
(1) In enacting this act, the Legislature recognizes two constitutional rights:
(a) the public's right of access to information concerning the conduct of the public's business; and
(b) the right of privacy in relation to personal data gathered by governmental entities.
(2) The Legislature also recognizes a public policy interest in allowing a government to restrict access to certain records, as specified in this chapter, for the public good.
To listen to the Legislative leaders and the Governor, this is what they want from revising GRAMA.
Ironically, this is language found in the Act passed 20 years ago that the Legislature stripped with HB477.
I’m not surprised that they are saying one thing and doing another. After all, that’s all they’ve done this month.
They say that HB477 was rushed through the process so that it could be discussed. In reality, discussion works better if you take the time to deliberate.
HB477 was released to the pubilc on the afternoon of March 1. Supporters of the bill had known it was coming for a minimum of a couple of weeks. Yet at the first public hearing on March 2, they could not find a single non-legislator to speak in favor of the bill. But many people spoke in opposition to the bill. The full house voted on March 3 to pass the bill. March 4 brought us another public hearing, this time in the Senate. Again, no supporters came from the general public. Opponents, however, did speak. It passed the Senate later that day, and they adjourned for the weekend.
And,that’s when the public pressure started. That brought about the “comprimise” that I like to call “Cut first, measure second.”
And the public pressure has continued.
Which is what brought all of us here today.
When asked if today’s Special Session to repeal HB477 was a sign that the Legislature was in the wrong, Becky Lockhart said “we didn’t break any rules.”
Madam Speaker, you didn’t need to break any rules, because the rules are broken.
I’m nominating Speaker Lockhart for every Open Government award I can find. I’m doing this because she has raised public awareness of just how closed Utah’s Legislature really is.
After all, this is the body that earlier this week held a closed-door meeting to discuss open government.
The Senate doesn’t want to repeal the bill until they have something to replace it with.
However, they have yet to make a legitimate claim that GRAMA needs to be fixed.
They say GRAMA is costing taxpayers. They have yet to give us a dollar amount that GRAMA costs, however. They also ignore the fact that section 203 of GRAMA allows the charging of fees to recover a good amount of the costs. Let me re-phrase that. It doesn’t just allow for the charging, it makes charging fees the default position for the Government.
They say that HB477 was needed to prevent fishing expeditions from the media. However, the fishing expeditions they cite came from the public, not the media.
Plus, if they would stop restocking the pond, we’d stop fishing.
They claim that HB477 was needed to protect their privacy. Well, you’re the one who chose Public Office. You registered as a candidate. YOU went through the physical, emotional, and financial costs of running a campaign.
When you ran for the Utah Senate, you accepted the laws surrounding civil service.
If there are no skeletons in your hot tub, state legislator is not a job title you should hold.
That being said, there is an easy way to keep Private matters Private: Do the public’s business with you public cell phones and public email. Do your private business with your private cell phone and private email!
=======
Last night, a friend asked me why we needed GRAMA in the first place. The best answer I have comes from LDS Scripture where it says:
“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, ... they will immediately begin to exercise unrighteous dominion.” (D&C 121:39)
We need the ability to see what the government is doing to prevent them from running us over. Both elected officials and government employees. They are our employees. We are their bosses. It doesn’t matter if it’s a small government like the one that runs the town of Scipio or big government like the Utah Legislature. It doesn’t matter if it’s a liberal government like Salt Lake City, or a conservative one like Provo.
A Republic only works if the citizens can trust their government. Citizens can only have the trust of their Government if that government runs as open as possible.
Having ⅔ of the Legislature regularly meet behind cosed doors is not having an open government. Rushing bills from public release to ready for signing is not open government.
Hiding your text messages is not open government. The people should know what you are doing. We, The people are your employers. If you don’t like that fact, get another job.
The Legislature thinks that repealing HB477 will get the public off their backs. And, admittedly, we will back off a little. However we’re not going away. We’re going to pay attention to the working group. We’re going to pay attention to whatever new bill surfaces.
And, come election season, we’ll remember your actions in March of 2011. We’ll remind our neighbors. And we’ll help solve your privacy concerns by returning you to the private sector.
Thursday, March 24, 2011
Does GRAMA need changing?
This is a question that needs asking. GRAMA Task Force Member Jason Williams says it best:
"GRAMA costs us taxpayers a lot of money!" How much money? "We don't know! a lot!"
"My email should be private!" Even though in the private sector, your bosses can read your emails and text messages. Even your "private" ones on company computers.
And, if there is anything embarrassing in those texts/emails, then you probably should not be an elected official. I want the most honorable people working for me, whether it some flukey in the Health Department or a member of the Legislature.
If you have skeletons in your hot tub, state legislator is not a job title you should hold.
-Bob
I found it odd to be discussing making changes to the existing open government law as if we've all agreed a case has been made for doing so. Legislators have not made a compelling argument for minor updates, let alone sweeping changes likely to stand for the next two decades. Reasons given amount to playing the victim (more on that below), and citing "fishing expeditions" without supplying evidence of any abuse that outweighs the importance of public confidence in an open, transparent process, and implications that the courts have over reached in interpreting GRAMA for the public good. I would like to see more of a concrete argument (and evidence) for making any changes to GRAMA than those offered so far.
"GRAMA costs us taxpayers a lot of money!" How much money? "We don't know! a lot!"
"My email should be private!" Even though in the private sector, your bosses can read your emails and text messages. Even your "private" ones on company computers.
And, if there is anything embarrassing in those texts/emails, then you probably should not be an elected official. I want the most honorable people working for me, whether it some flukey in the Health Department or a member of the Legislature.
If you have skeletons in your hot tub, state legislator is not a job title you should hold.
-Bob
Monday, March 21, 2011
Governor Herbert's "New GRAMA" Requirements Already Met By At Least One State.....
I've scoured the internet, and I have found a solution to Governor Herbert's problem.
In his press release this morning, Governor Herbert said:
Given that two members of the HB477 Working Group read my blog, I want to share what I found.
There is a state that has a great Open Records law on the books. I think it will meet all of Gary Herbert's requirements:
1 "[T}hey must protect the public's right to know, as transparent and accountable government is essential."
From the law:
2. "[T]hey must protect every individual's legitimate right to privacy."
This bill contains four sections pertaining to privacy. It has one section pertaining to what is a record that must be disclosed (which also in itself contains an exemption).
3. "[T]hey must protect taxpayers against the cost of overreaching "fishing expeditions."
And that's just part of the section on fees.
And, the law that we should model our new law on has a great name: "Government Records Access and Management Act."
Sounds good, doesn't it?
And the state where this law is in effect?
Utah.
Read the bill here.
In his press release this morning, Governor Herbert said:
Any modifications to GRAMA must meet three principles. First, they must protect the public's right to know, as transparent and accountable government is essential. Second, they must protect every individual's legitimate right to privacy. Third, they must protect taxpayers against the cost of overreaching "fishing expeditions."
Given that two members of the HB477 Working Group read my blog, I want to share what I found.
There is a state that has a great Open Records law on the books. I think it will meet all of Gary Herbert's requirements:
1 "[T}hey must protect the public's right to know, as transparent and accountable government is essential."
From the law:
(1) In enacting this act, the Legislature recognizes two constitutional rights:
(a) the public's right of access to information concerning the conduct of the public's business; and
(b) the right of privacy in relation to personal data gathered by governmental entities.
(2) The Legislature also recognizes a public policy interest in allowing a government to restrict access to certain records, as specified in this chapter, for the public good.
(3) It is the intent of the Legislature to:
(a) promote the public's right of easy and reasonable access to unrestricted public records;
(b) specify those conditions under which the public interest in allowing restrictions on access to records may outweigh the public's interest in access;
(c) prevent abuse of confidentiality by governmental entities by permitting confidential treatment of records only as provided in this chapter;
(d) provide guidelines for both disclosure and restrictions on access to government records, which are based on the equitable weighing of the pertinent interests and which are consistent with nationwide standards of information practices;
(e) favor public access when, in the application of this act, countervailing interests are of equal weight; and
(f) establish fair and reasonable records management practices.
2. "[T]hey must protect every individual's legitimate right to privacy."
This bill contains four sections pertaining to privacy. It has one section pertaining to what is a record that must be disclosed (which also in itself contains an exemption).
3. "[T]hey must protect taxpayers against the cost of overreaching "fishing expeditions."
(1) A governmental entity may charge a reasonable fee to cover the governmental entity's actual cost of providing a record. This fee shall be approved by the governmental entity's executive officer.
(2) (a) When a governmental entity compiles a record in a form other than that normally maintained by the governmental entity, the actual costs under this section may include the following:
(i) the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or tailoring the record either into an organization or media to meet the person's request;
(ii) the cost of staff time for search, retrieval, and other direct administrative costs for complying with a request; and
(iii) in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections (2)(a)(i) and (ii).
(b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request.
And that's just part of the section on fees.
And, the law that we should model our new law on has a great name: "Government Records Access and Management Act."
Sounds good, doesn't it?
And the state where this law is in effect?
Utah.
Read the bill here.
If It Ain't Broke, Don't Fix It
Now Governor Herbert and the Utah Legislature want to repeal and replace HB477.
Replace it with what you might ask?
Well, that part is a mystery. They are discussing that in a caucus meeting at the Capitol this morning.
A closed-door caucus meeting. You know, to prove that they are all about open Government and stuff.
But, did GRAMA need fixing?
The Governor and Legislators say that HB477 protects citizen's privacy. However, that privacy was already ensured by GRAMA as it was written 20 years ago.
The Governor and Legislators claim that HB477 was needed to protect taxpayer dollars, even though I haven't heard a single dollar amount the state/county/city spends filling GRAMA requests. The fact is, GRAMA already allows government entities to charge for GRAMA requests. It allows them to waive the fees if the information is in the public interest. HB477 would allow the Government to turn a profit.
The Governor and Legislators claim that GRAMA needs updating to bring it up to date with modern technology. However, GRAMA already provides for the digital age. It defines a record as “a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics” (italics added for emphasis). — Utah Code 63G-2-103 (22)
The Governor and Legislators claim that HB477 prevents the media from going on fishing expeditions. First, given the media keep catching fish, it's a good thing that they are fishing. The Government needs to quit stocking the pond. Secondly, fishing is a slow and expensiveproposition. GRAMA also prhibitsoverly broad searched. They aren't so much fishing expeditions as they are looking for a fire when you see smoke.
I trust Governor Herbert about as much as he can throw me. I trust most of our Legislators even less. They need to repeal HB477 immediately. And then have an honest, open discussion on the facts of GRAMA. If they can find places that they can fix the law without making Government more secretive, then do it. But don't rush to the finish line without putting your running shoes on.
The people are paying attention. We won't be fooled again.
-Bob
To learn where you can sign a petition to get HB477 on the ballot, visit the Facebook Page here.
Replace it with what you might ask?
Well, that part is a mystery. They are discussing that in a caucus meeting at the Capitol this morning.
A closed-door caucus meeting. You know, to prove that they are all about open Government and stuff.
But, did GRAMA need fixing?
The Governor and Legislators say that HB477 protects citizen's privacy. However, that privacy was already ensured by GRAMA as it was written 20 years ago.
The Governor and Legislators claim that HB477 was needed to protect taxpayer dollars, even though I haven't heard a single dollar amount the state/county/city spends filling GRAMA requests. The fact is, GRAMA already allows government entities to charge for GRAMA requests. It allows them to waive the fees if the information is in the public interest. HB477 would allow the Government to turn a profit.
The Governor and Legislators claim that GRAMA needs updating to bring it up to date with modern technology. However, GRAMA already provides for the digital age. It defines a record as “a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics” (italics added for emphasis). — Utah Code 63G-2-103 (22)
The Governor and Legislators claim that HB477 prevents the media from going on fishing expeditions. First, given the media keep catching fish, it's a good thing that they are fishing. The Government needs to quit stocking the pond. Secondly, fishing is a slow and expensiveproposition. GRAMA also prhibitsoverly broad searched. They aren't so much fishing expeditions as they are looking for a fire when you see smoke.
I trust Governor Herbert about as much as he can throw me. I trust most of our Legislators even less. They need to repeal HB477 immediately. And then have an honest, open discussion on the facts of GRAMA. If they can find places that they can fix the law without making Government more secretive, then do it. But don't rush to the finish line without putting your running shoes on.
The people are paying attention. We won't be fooled again.
-Bob
To learn where you can sign a petition to get HB477 on the ballot, visit the Facebook Page here.
Thursday, March 10, 2011
PRESS RELEASE: Citizens Petition Drive to recall HB477 filed
Petition for referendum to repeal HB477 filed
Keep Utah Open formed
March 10 – Today at 10:41 a.m., five ordinary Utahns filed an application for a referendum to kill HB477 once and for all with the lieutenant governor’s office. Simultaneously the group filed an initiative petition, the E-signature Initiative, to challenge SB165.
Nancy and Alan Lord, Janalee and Steve Tobias and Steve Maxfield have been joined in their effort by Utahns for Ethical Government, the Utah chapter of the Society of Professional Journalists, the Utah Foundation for Open Government and the League of Women Voters.
The coalition is a group of like-minded individuals who came together in their opposition to the bill, described by national Freedom of Information expert David Cuillier as “the most horrific anti-FOI legislation I have ever seen.”
“This is as organic as it gets. It is in response to the complete overreach of the legislature,” Nancy Lord said.
Today the coalition of citizens organized as Keep Utah Open.
The group has just 40 days to collect close to 65,000 signatures in 15 counties to bring HB477 to the ballot in November.
“With the passage of HB477 and SB165, we have seen an assault on the fundamental principles of democracy, which are access to government records and the right to petition your government,” political issues committee co-chair Justin Miller said.
Keep Utah Open launched its website keeputahopen.org this evening along with a Facebook page.
Although the coalition will have to wait on the lieutenant governor’s office for issuance of the signature packets, it hit the ground running, signing up volunteers at tonight’s Shine the Light on Capitol Hill rally.
Utahns interested in volunteering or donating to the cause may go to the website for more information.Petition for referendum to repeal HB477 filed
Keep Utah Open formed
March 10 – Today at 10:41 a.m., five ordinary Utahns filed an application for a referendum to kill HB477 once and for all with the lieutenant governor’s office. Simultaneously the group filed an initiative petition, the E-signature Initiative, to challenge SB165.
Nancy and Alan Lord, Janalee and Steve Tobias and Steve Maxfield have been joined in their effort by Utahns for Ethical Government, the Utah chapter of the Society of Professional Journalists, the Utah Foundation for Open Government and the League of Women Voters.
The coalition is a group of like-minded individuals who came together in their opposition to the bill, described by national Freedom of Information expert David Cuillier as “the most horrific anti-FOI legislation I have ever seen.”
“This is as organic as it gets. It is in response to the complete overreach of the legislature,” Nancy Lord said.
Today the coalition of citizens organized as Keep Utah Open.
The group has just 40 days to collect close to 65,000 signatures in 15 counties to bring HB477 to the ballot in November.
“With the passage of HB477 and SB165, we have seen an assault on the fundamental principles of democracy, which are access to government records and the right to petition your government,” political issues committee co-chair Justin Miller said.
Keep Utah Open launched its website keeputahopen.com this evening along with a Facebook page.
Although the coalition will have to wait on the lieutenant governor’s office for issuance of the signature packets, it hit the ground running, signing up volunteers at tonight’s Shine the Light on Capitol Hill rally.
Utahns interested in volunteering or donating to the cause may go to the website for more information.
Keep Utah Open formed
March 10 – Today at 10:41 a.m., five ordinary Utahns filed an application for a referendum to kill HB477 once and for all with the lieutenant governor’s office. Simultaneously the group filed an initiative petition, the E-signature Initiative, to challenge SB165.
Nancy and Alan Lord, Janalee and Steve Tobias and Steve Maxfield have been joined in their effort by Utahns for Ethical Government, the Utah chapter of the Society of Professional Journalists, the Utah Foundation for Open Government and the League of Women Voters.
The coalition is a group of like-minded individuals who came together in their opposition to the bill, described by national Freedom of Information expert David Cuillier as “the most horrific anti-FOI legislation I have ever seen.”
“This is as organic as it gets. It is in response to the complete overreach of the legislature,” Nancy Lord said.
Today the coalition of citizens organized as Keep Utah Open.
The group has just 40 days to collect close to 65,000 signatures in 15 counties to bring HB477 to the ballot in November.
“With the passage of HB477 and SB165, we have seen an assault on the fundamental principles of democracy, which are access to government records and the right to petition your government,” political issues committee co-chair Justin Miller said.
Keep Utah Open launched its website keeputahopen.org this evening along with a Facebook page.
Although the coalition will have to wait on the lieutenant governor’s office for issuance of the signature packets, it hit the ground running, signing up volunteers at tonight’s Shine the Light on Capitol Hill rally.
Utahns interested in volunteering or donating to the cause may go to the website for more information.Petition for referendum to repeal HB477 filed
Keep Utah Open formed
March 10 – Today at 10:41 a.m., five ordinary Utahns filed an application for a referendum to kill HB477 once and for all with the lieutenant governor’s office. Simultaneously the group filed an initiative petition, the E-signature Initiative, to challenge SB165.
Nancy and Alan Lord, Janalee and Steve Tobias and Steve Maxfield have been joined in their effort by Utahns for Ethical Government, the Utah chapter of the Society of Professional Journalists, the Utah Foundation for Open Government and the League of Women Voters.
The coalition is a group of like-minded individuals who came together in their opposition to the bill, described by national Freedom of Information expert David Cuillier as “the most horrific anti-FOI legislation I have ever seen.”
“This is as organic as it gets. It is in response to the complete overreach of the legislature,” Nancy Lord said.
Today the coalition of citizens organized as Keep Utah Open.
The group has just 40 days to collect close to 65,000 signatures in 15 counties to bring HB477 to the ballot in November.
“With the passage of HB477 and SB165, we have seen an assault on the fundamental principles of democracy, which are access to government records and the right to petition your government,” political issues committee co-chair Justin Miller said.
Keep Utah Open launched its website keeputahopen.com this evening along with a Facebook page.
Although the coalition will have to wait on the lieutenant governor’s office for issuance of the signature packets, it hit the ground running, signing up volunteers at tonight’s Shine the Light on Capitol Hill rally.
Utahns interested in volunteering or donating to the cause may go to the website for more information.
Tuesday, March 08, 2011
3 reasons Governor Herbert Signed HB477 tonight.
One political saying I've heard is "always release bad news on Friday afternoon." The theory being that nobody watches the news on Friday evening and never on Saturday, and by Sunday it's old news.
I'm sure that Gary Herbert planned on signing HB477 on a Friday. Maybe not this Friday, but the next.
Another political saying goes "Release bad news in either a busy news cycle or when there are worse stories to cover up."
Which is the perfect storm fr the Governor to make HB477 the 19th bill he signed in 2011, on Tuesday Night.
What big stories do we have?
1. Two missing snowmobilers were found safe this evening. The local news just gushes over this type of story. Top story of the day.
2. A rally against HB477 and the Governor was held outside his office today. By making the story the bill signing instead of the rally, the news won't report on the views of the people, or so the thinking goes (disclaimer: I was the organizer of the rally. More on that story tomorrow.)
3. A member of Herbert's staff was arrested today. At his office. For sexual abuse of a minor.
So many stories, not enough newsprint.
I'm sure that Gary Herbert planned on signing HB477 on a Friday. Maybe not this Friday, but the next.
Another political saying goes "Release bad news in either a busy news cycle or when there are worse stories to cover up."
Which is the perfect storm fr the Governor to make HB477 the 19th bill he signed in 2011, on Tuesday Night.
What big stories do we have?
1. Two missing snowmobilers were found safe this evening. The local news just gushes over this type of story. Top story of the day.
2. A rally against HB477 and the Governor was held outside his office today. By making the story the bill signing instead of the rally, the news won't report on the views of the people, or so the thinking goes (disclaimer: I was the organizer of the rally. More on that story tomorrow.)
3. A member of Herbert's staff was arrested today. At his office. For sexual abuse of a minor.
So many stories, not enough newsprint.
Gary Herbert's HB477 Logic is Bass-Ackwards
I'm not much of a handy person, but I do know one thing: When you are building something with wood, you measure the wood you want to cut, then you cut it.
Unless you live in Gary Herbert land. In Gary Herbert land, you cut the wood, then measure it.
Gary Herbert's statement on signing HB477, from Society of Professional Journalists:
Passing a bill THEN having public input is so backwards it's scary. It's like holding an election and THEN campaigning.
It's just plain wrong, and the citizens know it!
If Governor Herbert truly valued open government, he would have urged the Legislature to table the bill and promise them he'd hold a special session after everyone had put their input in.
But, he didn't do it. He signed the bill, one of only 19 bills he's signed this year.
From talking to people of all political stripes today (Republicans, Democrats, Libertarians, Conservatives, Moderates, Democrats, TeaPartiers, Progressives) who all said that they would actively work against the reelection of anyone who supported HB477, including Gary Herbert.
Gary Herbert may have signed his retirement papers tonight.
Unless you live in Gary Herbert land. In Gary Herbert land, you cut the wood, then measure it.
Gary Herbert's statement on signing HB477, from Society of Professional Journalists:
“With HB477 now amended, the delayed implementation date allows us to have an open public process with robust, deliberate engagement by the public, the media and lawmakers,” said Governor Herbert. “Our goal is open and transparent government. This bill provides a way to find the right balance between the public’s right to know and the personal privacy of both constituents and policymakers, while protecting taxpayer dollars.”
Passing a bill THEN having public input is so backwards it's scary. It's like holding an election and THEN campaigning.
It's just plain wrong, and the citizens know it!
If Governor Herbert truly valued open government, he would have urged the Legislature to table the bill and promise them he'd hold a special session after everyone had put their input in.
But, he didn't do it. He signed the bill, one of only 19 bills he's signed this year.
From talking to people of all political stripes today (Republicans, Democrats, Libertarians, Conservatives, Moderates, Democrats, TeaPartiers, Progressives) who all said that they would actively work against the reelection of anyone who supported HB477, including Gary Herbert.
Gary Herbert may have signed his retirement papers tonight.
Sunday, March 06, 2011
President Waddoups Admits HB 477 Process Was Bad News
From KSL:
And,of course, it had to pass in 2011:
I still say there is some major scandal that is being covered up......
“It will complicate matters if it has a weekend to fester,” he said, adding that he did not want senators subjected to pressure from the bill’s opponents over the next two days.
“We really don’t need to have a committee hearing. But we think this is one of those that has a high enough priority,” the Senate leader said. “We think we understand it very well.”
And,of course, it had to pass in 2011:
“Nobody likes to do this in an election year,” Waddoups said. “So now is the time.”
I still say there is some major scandal that is being covered up......
Utah Legislators' Biggest Lie About HB477
From City Weekly.net:
Said text message exchange involved an extra-marital affair between the UDOT employee and the state contractor's representative. While the state contractor was bidding on a UDOT project. And said state contractor just happened to be the winning bidder. In a bid process so flawed that UDOT paid the losing bidder $13,000,000 of hush money to keep them from suing us for more money or turning to the media.
And, we only found out about it because of GRAMA. And we won't find these things out any more.
Many lawmakers have argued that HB 477 is needed because the public expects that their e-mails to lawmakers are private and thus Utah's Government Records Access and Management Act, or GRAMA, must be changed. This false talking point begins by stating that members of the public may not realize that Legislators' e-mails are normally public record and would be released to anybody who requests them. Those members of the public may regrettably share with their lawmaker a mental health diagnosis or a recent bankruptcy, for example, and we wouldn't want that potentially embarrassing information to be released to the general public, the false talking point concludes. HB 477 allegedly alleviates this problem, but the problem doesn't exist. Private communications—or even just portions of e-mails or letters that may contain private information--are not subject to GRAMA, just ask The Salt Lake Tribune's Robert Gehrke.
When Gehrke used GRAMA last year to request text messages that a UDOT employee sent and received on her state-issued cell phone from a representative of a state contractor, Gehrke received only one text message from UDOT along with a note that there were other text messages between the UDOT employee and the contractor but that UDOT would not release them on the grounds that all the other messages were private messages unrelated to the UDOT employee's official duties. Gehrke appealed, but the State Records Committee privately reviewed the text messages and upheld UDOT's decision citing 63G-2-103(22)(b)(i), which makes private communications not subject to GRAMA. If anyone shares personal information in one paragraph of an e-mail to a government employee or legislator and later in the same e-mail asks for an official action or favor, like sponsoring legislation, then under current law the private paragraph should be covered in black marker and the paragraph related to official duties should be released to the person who requested it.
Said text message exchange involved an extra-marital affair between the UDOT employee and the state contractor's representative. While the state contractor was bidding on a UDOT project. And said state contractor just happened to be the winning bidder. In a bid process so flawed that UDOT paid the losing bidder $13,000,000 of hush money to keep them from suing us for more money or turning to the media.
And, we only found out about it because of GRAMA. And we won't find these things out any more.
HB477 Doesn't Pass the Smell Test
House Bill 477, the "Government Records Amendment" Bill, was passed by both the House and the Senate less than 72 hours after it was released to the public, and it will become law the second the Governor signs it.
The process alone should raise alarm bells in EVERY citizen.
Even more troubling is the spin certain Legislators are trying to put on it.
All of the following quotes are from The Senate Site post on HB477.
That's the media's job -- to report. How are they going to know there are fish in the pond? They aren't my mother -- they can't read minds.
Using HB477 to clarify these disputes is like using a Browning 1911 to get a sliver out of your finger. Problem solved, right?
The Legislature are employed by the citizens of Utah. If my employer supplies me with an email account and cell phone to do my work, he can look at these records. These conversations are records and should stay records.
If that database is not electronic, it should be. It's not that hard. And it makes it easier to research. Or, as the case is, turn over the information so that the information could be researched.
Let's say that you had one full-time staffer to do nothing but research GRAMA requests. If you gave that staffer 4 weeks vacation, they'd have 38 full weeks to sit around picking their nose. Or play Angry Birds. Or whatever employed people do when they aren't working.
I have yet to see a dollar amount of how much this is costing. Not even a wild guess. And yes, the Government should foot the bill.
I know of no instance where something told a legislator in confidence was ever made widely known to the general public due to a GRAMA request.
So, you PROVE that you have zero ability to negotiate AT ALL by ramming this bill through in 72 hours?
Computers are a wonderful thing. Digitize everything.
And because of this, we know $13 Million of hush money was paid to the losing bidders on the I-15 project. If the media and the public can't keep Government accountable, who will?
Again, taking a sliver out with a Browning 1911.
Someone needs a faster copy machine.
If they are about the People's Work, than they should be public records.
Has someone been spammed because of a GRAMA request?
That's how are Government works, or is supposed to work. A Legislator proposes a bill. The public and organizations who have an interest in the bill then talk to the Legislators about it.
But, with the precedent HB477 sets, the Legislature rams a bill through with no time for the discussion. Because Legislators might decide what their bosses told them was wrong.
Guess what: DON'T HAVE PERSONAL COMMUNICATION WITH FRIENDS AND FAMILY ON YOUR WORK (READ: STATE) EMAIL/BLACKBERRY! And, it should be illegal to conduct business on state equipment. You all should have private email and cell phone access for those purposes. If not, they come fairly cheap. Most workplaces don't allow you to make personal phone calls on company equipment.
Measure First, Cut Second. Unless you're the Utah Legislature. Then it's Cut First, Measure when we get around to it. Remind me not to ask the Legislators for help building my shed this summer.
Lastly, Republics need to be open and accountable. HB477 slams the door shut on that openness and accountability. Secretive Republics are full of fraud and dishonesty. After all, as it says in LDS Scripture: "We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion." If there is zero chance of getting caught......
Which makes me wonder what big scandal is being covered up......
The process alone should raise alarm bells in EVERY citizen.
Even more troubling is the spin certain Legislators are trying to put on it.
All of the following quotes are from The Senate Site post on HB477.
1. GRAMA has been used as a tool for fishing expeditions. Some entities (media outlets and law firms) asked for massive amounts of records over long periods of time in order to troll for information that may or may not be there. This has diverted staff time and tax dollars to an unreasonable degree.
That's the media's job -- to report. How are they going to know there are fish in the pond? They aren't my mother -- they can't read minds.
2. There are too many disputes between the media and the Legislature about the interpretation of certain words, concepts, and provisions in GRAMA. We wanted to clarify.
Using HB477 to clarify these disputes is like using a Browning 1911 to get a sliver out of your finger. Problem solved, right?
3. GRAMA was written into Utah Code twenty years ago - long before email, instant messaging, text messaging and video chat were in common use. GRAMA anticipated that written records would be public but private conversations could stay private. Current GRAMA code defines casual text, video chat and instant message conversations, etc. as “records” rather than “conversations.”
The Legislature are employed by the citizens of Utah. If my employer supplies me with an email account and cell phone to do my work, he can look at these records. These conversations are records and should stay records.
4. One city had a request for the entire parking enforcement data base since 2000 – more than a million lines of data – looking for information on one vehicle.
If that database is not electronic, it should be. It's not that hard. And it makes it easier to research. Or, as the case is, turn over the information so that the information could be researched.
5. GRAMA requests can be time-consuming. Legislative staffers spent over 400 hours last year fulfilling these requests, sorting through tens of thousands of records. This keeps them from performing other important duties, like drafting bills. So far this legislative session (not counting today), 10 GRAMA requests have been made, which, when coupled with a near-record number of bill requests, has created a major log jam.
Let's say that you had one full-time staffer to do nothing but research GRAMA requests. If you gave that staffer 4 weeks vacation, they'd have 38 full weeks to sit around picking their nose. Or play Angry Birds. Or whatever employed people do when they aren't working.
6. As GRAMA requests increase in scope they get more expensive. Who should pay for all the staff hours and printing cost? Right now, the default assumption is that the taxpayers foot the bill.
I have yet to see a dollar amount of how much this is costing. Not even a wild guess. And yes, the Government should foot the bill.
7. GRAMA does not protect the privacy of constituents. People write their legislator and often disclose personal information in confidence, not knowing that GRAMA allows anyone to access that information.
I know of no instance where something told a legislator in confidence was ever made widely known to the general public due to a GRAMA request.
8. Necessary GRAMA changes have been suggested for many years. Based on experience, some lawmakers lack faith that the media bosses could negotiate in good faith re: GRAMA and arrive at reasonable solutions.
So, you PROVE that you have zero ability to negotiate AT ALL by ramming this bill through in 72 hours?
9. West Valley City had to deal with a request for all land-use decisions over the past 30 years; it took 1 full time person 3 months, including multiple reviews by other staff, to fill the request. Costs approached $30,000.
Computers are a wonderful thing. Digitize everything.
10. The governor’s office filled 30 GRAMA requests last year, releasing 1,900 documents after poring over tens of thousands of them. The staff member tasked with handling records requests spent more than 100 hours doing so, and as with all government agencies, that doesn’t include the participation required from other staff.
And because of this, we know $13 Million of hush money was paid to the losing bidders on the I-15 project. If the media and the public can't keep Government accountable, who will?
11. GRAMA contains broad legislative intent language that has been used by the Utah Supreme Court to circumvent the actual language of the law. Eliminating this will ensure that government entities, the state, records committee and courts rely on the plain language of the statute. See Deseret News v. Salt Lake County, 3/28/08, Footnote 3. We shouldn’t have to legislate this but here we are.
Again, taking a sliver out with a Browning 1911.
12. The town of Alta spent six (6) years fulfilling one request for every public document – 250,000 of them — at a cost of $37,000.
Someone needs a faster copy machine.
13. GRAMA does not protect notes and other informal documents prepared by or for a legislator’s own use or reference.
If they are about the People's Work, than they should be public records.
14. GRAMA does not protect personal email addresses or other online identifiers a person may want to keep private.
Has someone been spammed because of a GRAMA request?
15. The idea of bringing our GRAMA laws up to date is not a new one. When ideas have been brought up in the past, the media bosses took it upon themselves to pick off legislative support one legislator at a time.
That's how are Government works, or is supposed to work. A Legislator proposes a bill. The public and organizations who have an interest in the bill then talk to the Legislators about it.
But, with the precedent HB477 sets, the Legislature rams a bill through with no time for the discussion. Because Legislators might decide what their bosses told them was wrong.
16. Most legislators feel that private communications with family, personal friends or business clients should go beyond a theoretical protection. If challenged, the court is predisposed to release the records.
Guess what: DON'T HAVE PERSONAL COMMUNICATION WITH FRIENDS AND FAMILY ON YOUR WORK (READ: STATE) EMAIL/BLACKBERRY! And, it should be illegal to conduct business on state equipment. You all should have private email and cell phone access for those purposes. If not, they come fairly cheap. Most workplaces don't allow you to make personal phone calls on company equipment.
22. This isn’t the final word. No legislation ever is. We’ll work on this through the interim.
Measure First, Cut Second. Unless you're the Utah Legislature. Then it's Cut First, Measure when we get around to it. Remind me not to ask the Legislators for help building my shed this summer.
Lastly, Republics need to be open and accountable. HB477 slams the door shut on that openness and accountability. Secretive Republics are full of fraud and dishonesty. After all, as it says in LDS Scripture: "We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion." If there is zero chance of getting caught......
Which makes me wonder what big scandal is being covered up......
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