Crippling the Records Committee Further Delays Public Service

Utah AG Sean Reyes

Already suffering from a backlog of cases waiting to be heard, the Utah State Records Committee monthly meetings have ground to a halt. That's because seats remaining vacant since the end of September prohibit the State Records Committee (SRC) from legally conducting business. Accusations are growing the Republican-led Utah Senate is failing to approve nominations to fill the openings in retaliation for previous SRC rulings in support of open records laws and government transparency. Those rulings include the release of the calendars of AG Sean Reyes, embroiled in controversy and questionable activity surrounding Tim Ballard, among other issues. Reyes adds to a trend of Utah Attorney Generals leaving office amid declining public trust and respect.

Utah open records legislation is known as the GRAMA, the Government Records Access and Management Act. It's Utah's version of the Freedom of Information Act. An individual files a GRAMA request with an agency. If they choose to appeal the agency's response or lack thereof, they file an appeal with a Chief Administrative Officer, which is often a member of the legal staff of the agency or government office from which records are being sought. If the requester is not satisfied with the handling of the appeal, they submit another appeal to the State Records Committee.

The SRC coordinates mediation meetings, schedules a live hearing if the two parties do not reach a resolution, and is the last stop of the GRAMA appeals process before court litigation. Under the best of circumstances, the process takes months and is obviously hindered by crippling the SRC through failing to fill its seats. Utah agencies have little incentive to even respond to GRAMA requests, much less grant appeals or negotiate their resolution, if the SRC is effectively ceased from functioning. Meanwhile, the backlog of appeals grows, and Expanding Frontiers Research (EFR) is among those with a case in line for review. In EFR's specific instance, the appeal also involves actions surrounding AG Reyes.

Previous time invested in the GRAMA appeals process proved productive for EFR. This included an appeal of a case with Uintah County which was granted by the SRC, an appeal granted by the Utah Attorney General's Office, and a case in which an appeal was submitted to the SRC concerning the Uintah County Sheriff's Office but the records were subsequently provided during mediation, so the case was resolved without a hearing.

EFR currently has a GRAMA appeal pending with the SRC as a result of a denied appeal issued by Utah County. The GRAMA request sought threatening letters reportedly mailed to Brandon Fugal, a Utah businessman, former member of the Utah Blockchain Advisory Committee, and reported owner of controversial Skinwalker Ranch. The request was part of a series of inquiries exploring circumstances that arose in 2022 when a cryptocurrency ransom was reportedly demanded of Fugal.

EFR discovered through GRAMA requests that the 2022 demands were the second time Fugal directly contacted AG Reyes about apparent threats. Reyes alerted investigators, who advised local law enforcement agencies. The Attorney General's Office previously expressed the position the AG's affiliation with Fugal and The Secret of Skinwalker Ranch television show was in an exclusively personal, unofficial capacity, as Reyes has been a guest on the program and made public appearances in support of the dubious associated narratives. The discovery of the law enforcement investigations contradicted that position.

While EFR obtained email chains, a sheriff's office report, and similar documentation of the interactions and circumstances, the saga has not yet been more thoroughly reported pending completion of the appeals process and related due diligence. The wrench thrown in the gears of the State Records Committee, which some argue was tossed by Republican lawmakers, further prolongs the reporting of stories of public interest. The still-pending EFR appeal was filed to the SRC in August 2024.