BASICS OF GRAMA AND OPEN MEETINGS ACT

1. Joel Campbell
Society of Professional Journalists
Associate Professor – Journalism
School of Communications
Brigham Young University
Linda Petersen
Society of Professional Journalists
Freelance Journalist
President - Utah Foundation for Open Government

2.  A popular
Government without
popular information
or the means of
acquiring it, is but a
Prologue to a Farce
or a Tragedy or
perhaps both.
Knowledge will
forever govern
ignorance, and a
people who mean to
be their own
Governors, must arm
themselves with the

3.  U.S. Constitution – First Amendment right
Court hearing and record access
 U.S. Freedom of Information Act - FOIA (records)
 U.S. Government in the Sunshine Act (meetings)
 Utah Government Records Access and Management
Act - GRAMA
 Utah Open and Public Meetings Act

4.  Enacted in 1991 Legislative session
 Update nearly every session since.
 2011 – HB477
 Costs
 Privacy
 Technology
 Balancing test

6.  Salaries of coaches and leading elected
officials
 Sandy’s bonus scandal
 Retiring in place
 Olympic bribery scandal investigation
 Campaign contributors to politicians
 Stories showing how soldiers were sprayed with
biological agents at Dugway Proving Ground
 Effects on “downwinders” from above ground
nuclear tests

7.  Police reports
 School teacher disciplinary records
 Voter registration records
 Professional licenses
 Audit reports
 Correspondence
 Incorporation records

10.  All records are considered public unless otherwise
specified
 If public interest outweighs private interest the record
may be disclosed
 Right to inspect records free of charge
 Government cannot use form of record to restrict
access.
 No use test
 No expertise test

11.  Public – Salaries of public officials
-Public Tier II – police records
 Private – Medical and welfare records
 Controlled – Adoption records
 Protected – Trade secrets
 Limited – Catch-all exemption – FERPA, HIPAA

12.  Find the record keeper
 Finesse a request
 Make a written request
 Wait for a response
 Appeal to the head of an agency
 State records committee
 Court

16.  SPLC.ORG
 LETTER GENERATOR
 OPENRECORDS.UTAH.GOV

18.  Not held by state, check local ordinances
 10 days for normal response
 5 days for expedited response involving “public
interest”
 Request for fee waiver for “public interest”
 Journalists preparing a story for air or
publication considered acting in “public
interest”

20.  A quorum must be present
 Notice must be made 24 hours in advance
 Meetings must be closed by 2/3 vote
 Agenda must be posted or mailed
 Minutes must be taken and are public
documents

21.  Recordings of open sessions
 Detailed written minutes and recordings must
be kept of closed sessions except discussions
of character and security
 Sworn statement needed after character and
security discussions
 Misdemeanor penalty

22.  Discussion of character, professional
competence or physical or mental health of an
individual
 Strategy sessions for collective bargaining
 Strategy sessions for “imminent” litigation
 Strategy sessions to discuss the purchase,
exchange, or lease of real property when public
discussion of the transaction would disclose the
appraisal or estimated value of the property under
consideration or prevent the public body from
completing the transaction on the best possible terms.

23.  Strategy sessions to discuss the sale of real
property when: value would be disclosed,
notice of sale had been given, terms of sale are
disclosed
 Security discussions
 Investigations of criminal misconduct
 Discussion of “commercial information” for
property tax appeals

24.  Diffuse the open meetings bomb.
 “Retreats” should raise a red flag.
 Be careful of attorney-client privilege.
 Challenge “stealth agendas
 Question boilerplate closures.
 Beware or “electronic meetings”
 No votes for “executive sessions”
 Beware of “work meetings” or “committee of the whole”
meetings
 Get the meeting documents
 Beware of executive sessions for non-specific times and
locations

27.  Joel Campbell
 foiguy@gmail.com
 801-362-4298
 Linda Petersen
 linda@bpmedia.com
 801-554-7513