In a new lawsuit, a former high–profile Utah State employee alleges that two of his ex-bosses have been engaging in conversations on a messaging app that automatically deletes texts, to subvert the state’s open record laws.  

Originally reported by The Salt Lake Tribune, the claim is detailed in one of two lawsuits that former USU deputy athletics director Jerry Bovee, who was fired from the university in July 2024, claims athletic director Diana Sabau was “hostile” and mistreated him in professional settings due to his “popularity.” 

Bovee alleges that Sabau asked Bovee and other employees in March to download the messaging app Signal. The suit also states that Sabau recommended the app because she could “‘have more candid conversations’ that could not be discovered in an open records request” and that the AD conducted conversations with USU’s president Elizabeth Cantwell through the app.

Signal is a free app that allows users to set retention schedules for texts sent through the app – deleting them automatically within seconds or weeks of reception.

Utah State University spokesperson Amanda DeRito told The Salt Lake Tribune in a statement that “Signal is ubiquitous and widely used by universities for secure communications to prevent hacking.” 

The statement added that the university “takes great care to ensure all communication methods are used in adherence with Utah public records laws.“

If true, the accusation could be a violation of the Utah Government Records Access and Management Act (GRAMA), which allows the public’s right of access to information concerning the conduct of the public’s business and the right of privacy in relation to personal data gathered by governmental entities. Only records that contain private information of government employees, health records, protected records that may cause security problems, financial speculation, unfair competition and financial instability can be considered exempt.
 

Posted: January 7, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, Brechner Freedom of Information Project, FOI, open records laws