October 16, 2012 RE: State Records Committee Appointment Deserves Public Input Dear Senator, At the Alliance

for a Better UTAH, we believe that the members of the State Records Committee hold judicial-like positions of power and public trust. Although they may be affiliated with one political party or another, they are entrusted with the non-partisan interpretation of the law and the integrity of the public records system on behalf of all Utahns. That is why we believe that an appointment to the State Records Committee should be handled in the same manner as a judicial appointment - that is, with a public hearing in which the nominee can be thoroughly vetted by the legislature in full public view. We are concerned that, tomorrow, you will consider Governor Herberts newest appointment to the State Records Committee, former state representative Holly Richardson, without such a hearing and full vetting process. With its role in GRAMA appeals, the non-partisan State Records Committee has great power and responsibility. The recent history of frustration with, and attack on, GRAMA suggests that now more than ever committee nominees should be carefully chosen and vetted. Though there is a lack of legal guidance as to the qualifications of members on the committee, we would suggest the following as basic qualifications, similar to the dispassionate qualifications of a judicial nominee. 1) Appointees should be non-partisan, public information advocates capable of working with people from diverse political, educational and socio-economic backgrounds. 2) Appointees should favor transparency over secrecy. Holly Richardson is a good person who we have worked with in the past. However, her nomination should be thoroughly considered. We pose these questions that we would hope would be a part of Richardsons vetting before her appointment is confirmed: 1) Does she fit the requirements of the position? Her extreme partisanship, as reflected in her blog and other writings, raises the specter of her inability to dispassionately review requests in a non-partisan manner. 2) Will she favor openness and transparency in her application of the law? Richardson supported HB477 that, before being repealed, reduced openness and transparency rather than increasing it.

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PO Box 521847 Salt Lake City, UT 84152 801.557.1532 betterutah.org

3) Will Richardson advocate for citizen access to government records, regardless of how those citizens identify politically? As the citizen representative on the records committee, it is important that Richardson evaluate all requests with equal consideration regardless of the real or perceived political affiliation of the requesting party. We ask you to maintain your commitment to public accountability, postpone Richardsons confirmation and hold a public confirmation hearing addressing the confirmation issues we raise here. You may decide, after such a confirmation hearing, that Richardson is the best person for the appointment, but that decision deserves public scrutiny. Sincerely,

Maryann Martindale Executive Director Alliance for a Better UTAH