A trio of ethics measures -- hailed by state senators as a huge step forward -- passed unanimously out of the Senate Government Operations Committee on Monday.
But several open-government advocates, including the League of Women Voters and the Utah Media Coalition, voiced concerns about how the proposals would further curtail public access to information about elected representatives.
Sen. John Valentine, R-Orem, is sponsoring three companion measures:
SJR3 » would establish an independent ethics commission and complaint procedures.
SB136 » would amend Utah's open-meetings statute to allow the commission to investigate such complaints behind closed doors.
SB138 » would put any documents related to that investigation, if ultimately deemed without merit, off-limits to the public.
The new commission would act in similar fashion to a grand jury, Valentine said. Any complaints determined to be valid then would be forwarded to either the House or Senate ethics committees, which would conduct a public trial.
"We understand the concerns of this body," said Linda Petersen, president of the Utah Foundation for Open Government. "But we have some real concerns that the information would be protected and the meetings would be closed."
Petersen urged lawmakers to at least consider making all commission findings open to the public once the investigations have finished.
"We need to be able to make the wisest decisions on those we choose to govern," Petersen said.
Valentine's SJR3 allows two residents to file a complaint against a sitting lawmaker if one has firsthand knowledge of the alleged violation. Valentine relaxed that requirement for legislators lodging a complaint against one of their own, saying that high of a bar seemed to tie their hands.
Dixie Huefner of Utahns for Ethical Government -- a group that has a petition drive under way to put its own ethics initiative and commission on November's ballot -- told committee members that SJR3 falls short.
"It appears to be designed to prevent any complaint from being filed and acted upon," Huefner said.
Combined with SB136 and SB138, "The commission's authority will be quite limited and its actions will be secret forever," Huefner added.
