Gov. Herbert appears to accommodate those who shout the loudest- first, he signs the HB 477 because he believed (he said) GRAMA needed to be modernized to address changes in technology1 since the '90s when GRAMA was passed. Obviously, it didn't have anything to do with the number of legislators who originally voted for the bill or the speed with which it went through the House and Senate. (note the sarcasm)
Now that many of those same legislators have expressed regret to the media2 for voting for the bill, Herbert is suddenly on "the people['s]" side once again. Lawmakers are certainly allowed to change their minds, but Herbert doesn't seem to have any reason for doing so except what the majority opinion seems to be. That's OK if his actions really reflect the wishes of the people- we don't call the government "public servants" for nothing, after all- but hardly anyone I talked to two weeks ago when Herbert signed the bill knew anything about HB 477 or what it meant. The legislature weren't acting in the public interest when they passed HB 477. They were acting in their own.
Even though we elect these people as public officials, that doesn't mean they broadcast everything they're doing. As voting citizens (and especially reporters), we have a responsibility to be proactive and keep up with what's going on. Open government is vital so the public has the power to check up on it.
I don't agree with how Gov. Herbert has handled HB 477 and I don't agree GRAMA needs to be modernized. As Betsy Ross put it, "GRAMA was drafted to be blind to the form of the record. The current statute defines a record to mean: “a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of the physical form or characteristics.”
1) quotes from KSL: Gov. explains decision to sign controversial HB477 (March 9)
"The easy thing for me would've been to veto it and wash my hands of it," Herbert told KSL Newsradio's Doug Wright. "I'm concerned that we get the right outcome and have a process where everyone can come to the table."
and
"We did a good thing in the early ‘90s for openness and transparency, for access to public records for the public," Herbert said. "Let's see how it squares today with today's modern technology, and let's see if we can maintain that same openness and transparency."
2) quotes from KSL: Gov. explains decision to sign controversial HB477 (March 9)
"I apologize if it went fast," said Senate President Michael Waddoups. "As a result we're making amendments and we're making sure that the public will have chance." (IF it went fast? It passed in less than a day!)
Sen. Karen Morgan, D-Cottonwood Heights, said "It just happened way, way too quickly, and I believe the public was pretty much shut out of the process."
"I think it should have been slower," said Rep. Chris Herrod, R-Provo. "Yes, there was going to be a tremendous amount of pressure on that. There's things I think we needed to change with GRAMA, but I don't think the process was good.
and
Rep. Joel Briscoe, D-Salt Lake: "I didn't vote for (HB477) and I would not have signed it."
quotes from the Daily Herald: Gov. Herbert seeks repeal of HB 477, but also to "replace" it
Last week Rep. Kraig Powell, R-Heber, said he voted in favor of the bill because he felt “black mailed” by House leadership to vote for the bill. Powell admitted no one actually told him to vote in favor of the bill, but said there was an unspoken expectation for Republican House members to support the new law.
and
Reports over the weekend also surfaced stating that former House speaker, Rep. David Clark, R-Santa Clara, had one of his bills held by House leadership because he was not being as supportive to the GRAMA changes being proposed at the time. Now, Clark has joined three other southern Utah lawmakers in issuing a statement calling for repeal of the bill.
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