Just like the woodchuck coming out of his burrow each winter, Michigan politicians have an annual show of looking for “sunshine.” It’s inevitable that during Sunshine Week each March, elected officials will say encouraging things about reforming laws surrounding access to public records.
The problem is that those have been empty proclamations: Michigan remains the only state that does not subject the governor’s office to the Freedom of Information Act, and one of two states where that law does not apply to the Legislature. I’ve railed for most of my career for improvements to transparency laws. Elected officials should be accountable, and the public should be able to inspect how their business is being done with minimal obstacles. I usually weigh in during Sunshine Week, a nationwide celebration of open government and readily accessible information. This year, that observance is March 10-16 – but there are two good reasons to start the campaign now. Those are Michigan Senate Bills 669 and 670, which appear poised to emerge from committee and make it to the floor for consideration. Those bills would subject the governor and legislators to FOIA. It’s the sixth legislative session in a row that some form of this legislation has been introduced, but this is the first time that there seems to be support coalescing for passage. The bills were introduced by a Republican, Sen. Ed McBroom, R-Waucedah Township, and a Democrat, Sen. Jeremy Moss, D-Southfield. “I am optimistic it is going to get kicked out of committee next week, and I believe the Senate is going to vote it out (to the House of Representatives) during Sunshine Week,” said Lisa McGraw, public affairs manager for the Michigan Press Association. “They love to do stuff during Sunshine Week.” This represents progress, not perfection. There are exemptions and provisions that are concerning to the MPA and should be to you, as well: An exemption for the governor that would bar access to anything related to reprieves, pardons and commutations for criminals.An exemption for anything created, used or retained by the Legislature for less than 30 days.Exemptions for both the governor and Legislature for communications with constituents. That last one is particularly problematic. While the rationale is these communications may contain sensitive information about constituents, there are privacy provisions in the existing FOIA law that allow for redactions or even refusal to issue documents. Now look at the flip side: As the law is proposed, the business owner who is proposing to build a landfill in the watershed of your community could be considered a constituent, and you and your neighbors would have no access to communications with your local representative. These are all points that the MPA and other proponents of the reforms will continue to press if the Senate bills make it to the House. As vice president of the MPA and a member of its Public Policy Committee, I will be working with McGraw and other journalists from around Michigan to not only get this legislation passed, but to tighten up some of the loopholes for the good of the public. There is still so much work to do in a state that is consistently ranked among the worst for transparency in government. The FOIA process puts too much power in the hands of officials and agencies, and is rife with arbitrary and inconsistent rejections, long delays and exorbitant costs for records. Right now, we have a chance to get a long-awaited “win” for openness in government. I’d encourage you to join the fight for this long-overdue reform by writing or calling your state representative. “Jeremy Moss said it well – ‘This is the floor and eventually we'll work our way up to the ceiling, but we gotta get the foundation in place first,’” said McGraw. “Perfect is the enemy of done.” # # # |