“Records Access & Democracy”

1. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm “Records Access & Democracy”

2. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Records an Ancient Instrument of Control “In the ancient world and in medieval times, the treasury in temples and churches contained both treasures and the records, safely stored and hidden from the strangers’ gaze. Whatever their architecture, archives serve symbolically as temples shielding an idol from the gaze of the uninitiated, guarding the treasures as a monopoly for the priesthood, exercising surveillance over those who are admitted.” --Ketelaar, p. 234

3. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Transformation of the Archives & The French Revolution. “What emerges in this investigation is that the question of the archives nationales became a question of control over the memory of the state’s exercise of power over citizens; and who had the power to mobilize or intervene in this memory to shape the body politic, to make as well as to write history.” -Milligan, p. 160 “Article I declared the Archives nationales to be ‘the central depository for the entire republic’…It also made the right of access to these documents a right of all citizens: article 37 allowed that ‘all citizens can ask, in all depositories, at the dates and times fixed, communication of the pieces contained therein,’ without cost and provided that they remain on the premises.” -Milligan, pp. 161-162

4. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Rights, a Balancing Act “Rights provide standards of conduct which govern the relationship between government and the citizen…the conflict is not simply that of competing rights but also of competing needs, both for individuals and for society at large.” -Reitman, p. 501

5. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Rights of Citizens “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness – That to secure these right, Governments are instituted among Men, deriving their just powers from the consent of the governed...” -The Declaration of Independence

6. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm The essence of Democracy “Freedom of information…is the essence of free and democratic government. Unless the citizenry is fully informed, the whole democratic experiment in self-government fails no matter what the social, political, or economic issue may be. Wise and effective participation in the affairs of government, through the election process and communication with legislators and the media, is weakened if the flow of information is limited or blocked.” -Reitman, p. 501

7. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm FOIA “(3)(A) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.” --Freedom of Information Act, 1996 5 USC §552, As Amended by Public Law No. 104- 231, 110 Stat. 3048

8. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm

9. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Access and Memory “Because the construction of collective memory, and thereby collective identity, by nations, communities, or groups of people depends on their ability to confront and understand their history, access is integral to the custody of historical records.” --Bastian, p. 14

10. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Government Transparency in the 21st CenturyPart II

11. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm GRAMA- The Nuts and Bolts • Enacted in 1992 • Records Access law • 9 parts • No major changes since 1992 • 26th State to enact an open records law

12. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Working Committee Recommendations • Cost and Timeliness Sub-Committee • Simplification and Centralization Sub-Committee • Statutory Definitions Sub-Committee • Emerging Technology Sub-Committee

13. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Methodology • Sunshine Review • Sunshine Review is a non-profit organization dedicated to state and local government transparency. The Sunshine Review wiki collects and shares transparency information and uses a "10-point Transparency Checklist" to evaluate the content of every state and more than 5,000 local government websites. Sunshine Review collaborates with individuals and organizations throughout America in the cause of an informed citizenry and an accountable government. • U.S. PIRG • U.S. PIRG, the federation of state Public Interest Research Groups (PIRGs), stands up to powerful special interests on behalf of the American public, working to win concrete results for our health and our well-being. With a strong network of researchers, advocates, organizers and students in state capitols across the country, we take on the special interests on issues, such as product safety, political corruption, prescription drugs and voting rights, where these interests stand in the way of reform and progress. • Sutherland Institute • Sutherland Institute is a conservative public policy think tank committed to shaping Utah law and policy based on a core set of governing principles. We strive to make Utah an example of good government for the rest of the nation and a great place to live, work, and raise a family.

14. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm A Sunshine State of Mind • Budgets • Open meeting laws • Elected officials • Administrative Officials • Building permits and zoning • Audits • Contracts • Lobbying • Public records • Taxes

15. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Does Utah Measure Up?

16. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm State

17. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm State

18. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm County

19. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm County

20. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm City

21. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm City

22. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm A Sunshine State of Mind- Costs

23. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm A Sunshine State of Mind- Costs

24. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Moving Forward • Transparency checklist items • Include links to any and all public financial information • “Three clicks and you’re out” rule • Review website search functions

25. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm “Popular government, without popular information, or the means of acquiring it is but a prologue to a Farce or a Tragedy; or, perhaps, both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors must arm themselves with the power which knowledge gives.” -James Madison, 276.

26. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Sunshine Review http://sunshinereview.org/index.php/Transparency_Checklist http://sunshinereview.org/index.php/Utah_cities http://sunshinereview.org/index.php/Utah_counties http://sunshinereview.org/index.php/Years_that_state_FOIA_laws_were_enacted http://sunshinereview.org/index.php/Transparency_checklist_possible_additions http://sunshinereview.org/index.php/Evaluation_of_Utah_state_website http://sunshinereview.org/index.php/Cost_of_state_transparency_websites Sutherland Institute Monson, Derek. “Grading City Government Transparency” November 24, 2010. http://www.sutherlandinstitute.org/uploads/Grading_City_Government_Transparency.pdf U.S. PIRG Following the Money map: http://www.uspirg.org/follow-the-money-map “Following the Money” report 2011:https://pincdn.s3.amazonaws.com/assets/d1b1c8a147fbf379dfc14c8c86a83e52/Following-the-Money-2011-vUS.pdf “Following the Money” report 2010:http://cdn.publicinterestnetwork.org/assets/b3ba157e28d82952ee5b7a3f84e88499/Following-the-Money-USPIRG.pdf State of Utah S.B. 38, March 2008: http://le.utah.gov/~2008/bills/sbillint/sb0038s05.pdf GRAMA Working Group Recommendations: http://www.gramarevisited.com/category/working-group-meetings https://www.facebook.com/UtahGRAMA

27. UTAH STATE ARCHIVES 346 South Rio Grande St, SLC, UT 84101 Mon-Fri 8:00am to 5:00pm Campo, Amarna Akkadian Letter, Digital Photograph, n.d., http://en.wikipedia.org/wiki/File:Amarna_Akkadian_letter.png. Eric Ketelaar, “Archival Temples, Archival Prisons: Modes of Power and Protection,” Archival Science 2 (2002): 221-238. Ernst Posner, Archives in the Ancient World, Reprint. (Chicago: Society of American Archivists, 2003). Archivos del terror de Paraguay, Digital Photograph, n.d., http://www.canalpatrimonio.com/es/noticias/?iddoc=53443. Timothy Ericson, “Building Our Own ‘Iron Curtain’: The Emergence of Secrecy in American Government,” The American Archivist 68 (Spring/Summer 2005): 18-52. “Census Records Destroyed in Washington Fire,” The Concordia Sentinel (Concordia, Louisiana, February 12, 1921), http://chroniclingamerica.loc.gov/lccn/sn87090135/1921-02-12/ed-1/seq-1/. Alan Reitman, “Freedom of Information and Privacy: The Civil Libertarian’s Dilemma,” American Archivist 38, no. 4 (October 1975): 501-508. Steven Lubar, “Information Culture and the Archival Record,” The American Archivist 62 (Spring 1999): 10-22. James Madison, Letters and Other Writings of James Madison, vol. 3, 4 vols. (Philadelphia, PA: J.B. Lippincott & Co., 1865), books.google.com. James Sickinger, “Literacy, Documents, and Archives in the Ancient Athenian Democracy,” The American Archivist 62 (Fall 1999): 229-246. Scott W. Jessee, “Monks, Monasteries, and Manuscripts: Archival Sources for Eleventh-Century France,” American Archivist 52 (Summer 1989): 384-390. Jeannette Allis Bastian, Owning Memory: How a Caribbean Community Lost Its Archives and Found Its History (Westport, CT: Libraries Unlimited, 2003). Roblespepe, Que_Digan_Donde_Estan.jpg, Digital Photograph, April 9, 2006, http://en.wikipedia.org/wiki/File:Que_digan_d%C3%B3nde_estan.jpg. Keikus Karsten, Shredded Stasi Files at Stasi Headquarters in Berlin-Lichtenberg (1990s), Digital Photograph, n.d., http://germanhistorydocs.ghi-dc.org/sub_image.cfm?image_id=3061. Robert L. Dorman, “The Creation and Destruction of the 1890 Federal Census,” The American Archivist 71 (Fall/Winter 2008): 350-383. Andreas Praefcke, Wachstafelrem, Digital Photograph, 2007, http://en.wikipedia.org/wiki/File:Wachstafel_rem.jpg Jennifer Milligan, “‘What Is an Archive?’ in the History of Modern France,” in Archive Stories: Facts Fictions, and The Writing of History, ed. Antoinette Burton (Durham, NC: Duke University Press, 2005), 160-183.