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Council hears staff warning on SB 154; members signal opposition to giving auditor broader authority over privileged communications
Summary
City attorney advised the council that Senate Bill 154 would permit the legislative auditor to access attorney-client communications and other materials currently protected by privilege; council members said they oppose the measure and asked the attorney to circulate talking points and notify Senator Fillmore and others of the council's position.
City Attorney Ryan Luce told the South Jordan City Council on Feb. 4 that Senate Bill 154 (SB 154) would allow the legislative auditor general to obtain materials and communications normally protected by attorney-client privilege during audits. Luce said the bill would let the auditor request privileged information without first seeking in-camera judicial review and cited the Utah Bar Association and the Utah League of Cities and Towns as opposing the bill.
Luce said the bill language would require a lawyer to "provide information, materials, or resources relating to the representation of an entity" if requested by the legislative auditor general, and that compliance could conflict with ethical rules. "Once it's breached, I think it's really hard to control the information," he said, describing existing safeguards under which a judge reviews privileged materials before disclosure. He said the bill goes beyond existing judicial processes and warned it would apply broadly to governments and "receiving organizations" that accept public funds.
Council members expressed concern and skepticism about the proposed change. Mayor Dawn Ramsey said she would contact Senator Fillmore to urge a no vote in committee; other council members said they would like talking points and coordinated outreach so the legislature receives consistent feedback. Council member Harris asked whether the bill would require lawyers to testify or produce records; Luce replied that the bill's language would make such materials discoverable by the auditor and that attorneys could be compelled to provide information in that context.
No formal council resolution or vote was taken, but council members directed the city attorney to circulate information on SB 154 and suggested elected officials who are comfortable should contact the senator on the committee. Luce said the League of Cities and Towns was opposed and that he would send bullet points and a link to the bill language for council use. Mayor Ramsey said she intended to text Senator Fillmore and asked that council members coordinate so they do not provide contradictory messages to the legislator.
The council's discussion framed the issue as one of executive-legislative balance and attorney-client confidentiality, and members said they prefer the existing judicial review process for any exception to privilege rather than automatic auditor access.
