HB266 would lock up salary information

Untold stories
By Joel Campbell
Utah Press Association

If HB266 passes in the Utah Legislature, only titles and salaries of public officials would be released, while some elected appointed officials names and salaries would be released. The bill does not say who gets to decide which salaries and names should be public and which should not. Furthermore, the bill would severely the ability of the public to watchdog the government and its expenditures. The reasons for the bill are short-sighted. If names of Utah public employees were protected under GRAMA, the following kinds of abuse and corruption would never come to light to the public.

In 2008, The Salt Lake Tribune analysis of Sandy's pay records - finally made public under court order - revealed a decades-old system that disproportionately benefited the city's highest-paid employees, including the mayor, administrators, department heads and their top aides. Dolan and his administrators fought to keep city pay records secret, beginning with their 2004 denial of a Salt Lake Tribune request for the names and salaries of police officers and firefighters. It resulted in a change in Sandy's bonus program and earned the Society of Professional Journalist's Freedom of Information Award last year.

A 2008 KSL investigation found that Herriman City Hall was filled with relatives. From department heads to the crossing guards, the investigation revealed that Herriman City Hall is a family affair. The planning director's niece was on the planning staff, and his nephew was an intern. A planning commissioner's daughter was a city planner. A nephew got a job too. The water manager's brother works in another department. The department's director has two brothers-in-law who work in other divisions. The assistant city manager's sister-in-law was hired in finance. His own son got a job on the street crew. An employee in the mayor's office has a sister who got hired in another department. In all, KSL found that 30 percent of Herriman's total city workforce -- one out of every three city employees -- is related to someone else who works for the city. If SB266 becomes law, the problems of nepotism would be far more unlikely to come to light. Names are needed to show family ties.

The Herriman city manager also served as the city’s mayor, considered a conflict for many cities. Under the SB266 plan, there would be no way to find out if a government employee held two city positions at once or was receiving a pension while employed by government. The problem under SB266, salaries and associated names would not be public information. A single person could hold two titles but the connection will remain a secret.

A Deseret News article examined how women do not advance as quickly -- or as often -- as men in local government in Utah. This report analyzes and compares the salaries of the top earners of Provo City employees, both men and women, Under the SB166, names of employees could not be released as part of an investigation of gender equity. Such names and gender would be critical to such an investigation.

This is how laws help protect the public interest in other states. An investigation found that some of the most powerful Indiana state legislators are also administrators of a state-funded community college. Three of the four legislators have six figure salaries but do little work, and the fourth earned closer to $65,000 per year. The lawmakers sometimes vote on major college issues despite their conflict of interest. Under the SB266 scheme, legislator’s salaries and names might show up with their legislative work, but may not be reported by other agencies where they are employed.

The Texas Associated Press gathered salary information to compare high school football coaches' salaries with the average pay of teachers and the best-paid educators in their districts. The AP determined that high school football coaches in Texas earn 75 percent more than the average teacher. Nearly 80 percent of the coaches make more than the best-paid teacher in their districts. The proposed Utah bill would make nearly impossible to do such a comparison.

Middlesex News (Framingham, Mass.) investigated the Massachusetts Turnpike Authority, uncovering patronage, nepotism, exorbitant salaries, no-bid contracts, and plans to keep charging tolls although the road has already paid for itself.

The Oakland (Calif.) Tribune reported on a hidden layer of government that had developed in the state of California; obscure agencies were still operating long after their roles became obsolete, with officials receiving salaries for serving on the agencies' boards. Such corruption would be difficult to track without names of staff and officials.

Universities pay lavish salaries to land "superstar" professors, mostly in the fields of medicine and economics. The Columbus Dispatch analyzed salary databases for Ohio's 13 public universities to find the highest-paid professors in the state. The series focuses on Ohio State University, the school with the most professors among the highest-paid. Such super-stars, only identifiable through names, would be able to be checked out.

The San Francisco Examiner investigation explored a practice of questionable expenditures at the San Francisco Unified School District. The series focused on the finding that "some San Francisco school custodians have doubled their salaries through overtime pay," charging the district for "answering" alarms that apparently never went off..." The investigation revealed that "the oversight may have cost millions over a number of years," as "the district failed to conduct the most basic oversight. How can such a check on the public purse be pursued unless investigators were able to use names of the custodians.

The Denver Post analysis of pension records revealed an outdated pension system that "funnels millions of tax dollars to retired city police officers and firefighters by linking their pensions to the salaries of current department employees, even decades after they've retired. Names are the only way to accurately connect the dots on such an investigation.

Source: Salt Lake Tribune, Investigative Reporters and Editors, Inc.

HB266 would hurt public's right to know

Wasatch Wave’s (Heber City, Utah) editorial position:
Government behind closed doors

The Issue:
Proposed legislation will limit public’s right to know
We Suggest:
Kill the Bill Rep. Powell

A bill (HB 266) has been drafted and sponsored by our own State Representative Kraig Powell that would eliminate the public's right to know what public employees are paid. This bill was drafted at the request of Wasatch County Payroll Manager Dell Barney.
We are appalled that Rep. Powell would even consider sponsoring a bill that would hide from the public the expenditures of public monies from the electorate. The passage of this bill could open the floodgates of corruption in the determination of salaries for public employees. Without public scrutiny some employees could receive monumental salaries and others could be penalized with substandard wages all under the cover of no public knowledge of government’s activities and expenditures.
Barney’s request for the submission of this bill is nothing more than an attempt of government to conduct its affairs away from public oversight.
We must remember that this is public money being spent for public employees, and as the public employees’ bosses, the taxpayer has a right to know how every dime is being spent. Aren’t bosses entitled to know how salaries of their employees are being allocated?
This legislation would open the door for exorbitant salaries for a few and poverty wages for those not in favor with the administration. This observation is supported by the obscene salaries paid to industry and banking management away from the scrutiny of their stockholders. This action was fostered behind closed doors without the oversight of the public.
When Rep. Powell was asked about why he would sponsor such a poor piece of legislation he responded by stating that he had a responsibility to carry any legislation from his constituents. If this is the case then we suggest that anyone who would like to be named king request Rep. Powell to sponsor the appropriate bill for such action.
We must keep in mind that government that is conducted behind closed doors away from the scrutiny of the electorate is not a democracy. Democracy’s basic premise is based on the public’s right to know the actions and activities of its elected officials.
We would suggest that Mr. Barney enroll in a course in basic American government and pay particular attention to First Amendment rights. That’s the part that guarantees the public’s right to know.
We request that Rep. Powell withdraw his sponsorship of this misguided legislation. To be a party to such a bad piece of legislation definitely reflects poorly on the people of Wasatch County. Remember, Rep. Powell, you were elected by the majority to represent the best interests of the community as a whole. Not just a select few.
Legislation that fosters ignorance of the activities of government is not in the best interest of a free, informed, democratic society.

HB 60 -- bill would close canal safety records

Tomorrow morning the House Natural Resources, Agriculture, and
Environment Standing Committee
http://le.utah.gov/~2010/agenda/HNAE0127.ag.htm
will consider a bill that would require canal companies to create a
management plan for their canals and then makes those plans protected
records under GRAMA. Specifically, the plans would be created to find
out hazards and other safety concerns with canals in the wake of the
canal collapses in Logan. We would ask you to call the following
committee members and ask them to keep these records public.

Below are two letters, one from Bruce Smith and the other from Allison
Hess, explaining why this bill hurts the public's right to know and
the public's ability to weigh the risks of canal safety in Utah. You
should know that UPA and SPJ met with the sponsor Rep. Hunsaker and
agree to disagree about making this information public.


Here's a link to the bill

http://le.utah.gov/~2010/bills/hbillint/hb0060.htm

Please call ASAP especially if you have any personal connections with
them. The number for the House is 801-528-1029.

Committee members

Rep. Roger E. Barrus, Chair
Rep. John G. Mathis, Vice Chair

Rep. Melvin R. Brown
Rep. Brad L. Dee
Rep. Jack R. Draxler
Rep. Kerry W. Gibson
Rep. James R. Gowans
Rep. Neal B. Hendrickson
Rep. Michael E. Noel
Rep. Patrick Painter
Rep. Phil Riesen
Rep. Christine F. Watkins
Rep. Ryan D. Wilcox
Rep. Bill Wright



Fred,

Your effort to protect the citizens of Utah by enhancing the
safety of the canal systems is commendable. However, I must tell you
that I think keeping the information about the safety of the canals
and the plans to correct the problems from the public is not the right
thing to do. As you know three people were killed in Logan last
summer as a result ot a canal problem. The public has a right to know
what the owners of the canal companies are going to do to insure that
a disaster like this doesn't happen again.

I might be missing something but I see no reason to keep the
information secret. Even though the canal companies are private
endities, what they do, or don't do has a huge impact on the public.
As you know canals run all through Cache Valley and the people who may
be impacted by what the canal compinies do have a right to know what
their plans are. Your bill should allow those plans to be made
public.

The argument that they are private, thus can keep their plans
secret isn't right especially if they are going to get tax payer help.
The canal companies have a history of wanting to keep things secret,
they think it's easier that way. However the public has a right to
know especially when public safety is a concern.

Your bill is an important one especially for the citizens of Cache
Valley. The people in Cache Valley have a right to know what hazards
are out there, and what the canal companies are going to do about it.

Your bill would be a much better bill and have a much greater
chance of passing if the public is brought into the debate. The
public would be better served if the information about canal owners
plans was allowed to be public information.

Bruce K. Smith
Publisher
The Herald Journal
P.O. Box 487
Logan, Utah 84321
bsmith@hjnews.com
435-752-2121

Dear Representative Hunsaker:

I am writing to you on behalf of the Utah Chapter of the Society of
Professional Journalists. We want you to know we applaud your efforts
to enhance the safety of Utah canals; however, we feel the best
protection for citizens comes when they have easy access to
information about the management and oversight of critical structures
that as we have seen could lead to death and damage.

We are very concerned about the language in your proposed canal
management safety bill, which forbids the state from disclosing the
plans under Utah’s Government Records Access Management Act.

In many instances, private entities' records are justifiably public,
particularly when they deal with public safety, health and money. For
example, most states make private security, private prison and private
hospital operators, particularly those which receive government
funding, subject to public records laws.

Many states require foundations that support university and schools to
open their records. Also, many states require private entities, which
receive tax dollars, for example, tourism groups, symphonies,
community chest, zoos, etc, make their records public. The federal
government also requires that all non--profit charities file yearly
public financial statements. Given
the history of this canal, public oversight is imperative.

We urge you to take the additional step in your legislation to promote
public safety, and make the information open to the public. It is not
only good public policy, it will create goodwill with citizens who
then feel as if they have input and information about structures will
have a significant impact on the community.

Please feel free to contact me. We would be pleased to discuss this
matter in person if you are willing.

Sincerely,

Allison Barlow Hess
President, Utah Headliners Chapter
Society of Professional Journalists