Public records backlog could keep Utahns in the dark until late 2025

SALT LAKE CITY — Utahns seeking answers through public records appeals are running into an unprecedented roadblock: a backlog so severe it could take until the end of next year to clear.

The State Records Committee, the panel responsible for hearing appeals on public records denials, has not held a meeting since September due to a lack of quorum, leaving 86 appeals unresolved.

KSL Investigators filed a records request to assess the extent of the backlog and found 86 appeals still pending. On average, over the past four years, it took about 90 to 100 days for petitioners to have their case heard.

However, some individuals on the current waitlist have already been waiting more than 200 days.

"We may not even get 2024's done within 2025," said Linda Peterson, a current member of the records committee.

The committee typically meets once a month for about nine hours, hearing seven to eight appeals per session, according to its annual report. But delays in appointments to the volunteer committee have left it unable to function.

A growing backlog

Public records appeals are filed when a government agency denies a records request, and the petitioner seeks further review. But the records committee's inability to meet has created a logjam of cases, leaving many waiting months for a resolution.

Critics say the delays have eroded public trust in government transparency.

While Sen. Curt Bramble, R-Provo, has said there are "other options to appeal decisions," aside from the records committee, former committee member Marie Cornwall said the only alternative is to go to court—a route she believes is inaccessible for many.

"A lot of people who come before us don't have resources to go to court," Cornwall said.

The State Records Committee is often seen as a vital last resort for everyday citizens seeking transparency. Cornwall noted that many petitioners are journalists or private individuals trying to hold government agencies accountable.

Political controversy

The records committee has been at the center of high-profile disputes, including its decision last year to release Attorney General Sean Reyes' calendars. The legislature later passed a law making calendars explicitly exempt from public records requests.

Cornwall believes that decision played a role in the Senate's hesitancy to reappoint her and others.

"I'm pretty well convinced that Bramble did not like the fact that we ordered Reyes' calendars to be released," Cornwall said.

Bramble has denied such accusations, insisting the delays were procedural, not political.

"The Utah Senate takes its responsibility to review and confirm the governor's appointments seriously," Bramble said in a statement to KSL. "Once appointments are received, the statute allows the Senate 90 days to review them. Don't mistake the confirmation process with inaccurate claims of purposely delaying the appointments."

"Whether the delay was intentional or not, the outcome was the same," Cornwall said.

Bramble added that the Senate informed the Governor's Office of its decision on the appointments in early September, well within the 90-day review period.

Calls for solutions

Peterson and Cornwall have suggested expanding the State Records Committee into two separate panels to address the growing number of appeals more efficiently.

"The state records committee tries to ensure our government is open. It's an important source of information for journalists and the public," Cornwall said.

Peterson noted that without swift action, the backlog could continue to grow, leaving Utahns without a timely resolution to their appeals.

"When people understand their governing, they're much better citizens themselves," Peterson said. "If information does not flow, people can't be informed."

As Utahns continue to wait for answers, the records committee may not resume hearings until January at the earliest.

The Senate is set to vote on new committee appointments on Dec. 18.

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