LANSING – Michigan House Democratic Rep. Jeremy Moss and Republican Rep. Ed McBroom joined forces a year ago to develop a plan to open up legislative communications to the public, and on Wednesday the 10-bill package was introduced with an exemption for all constituent communications unless it is from a registered lobbyist.

Eight of the 10 bills (HB 5469, HB 5470, HB 5471, HB 5472, HB 5473, HB 5474, HB 5475and HB 5476) create the Legislative Open Records Act, or LORA. The new act mirrors the Freedom of Information Act, but is applicable only to the Legislature.

McBroom of Vulcan said there are constitutional problems in simply applying FOIA to the Legislature.

“The previous idea of just putting the Legislature under FOIA, which is then subject to judicial review, creates a certain amount of contradictions with the separation of power,” Mr. McBroom said.

The final two bills (HB 5477 and HB 5478) expand FOIA to the governor’s office.

The entire proposal would go into effect on January 1, 2017.

Under LORA, constituent communications are exempt from requests, meaning if a local superintendent or other official who is not a registered lobbyist communicated with a lawmaker, that would not be subject to a public request.

Other exemptions:

• Personnel records that are personal in nature, such as human resources files;
• Records relating to an ongoing internal or legislative investigation or litigation;
• Advisory communications within the public body or between public bodies;
• Trade, commercial or financial records provided confidentially to assist in public policy;
• Communications regarding bill drafting, sergeant-at-arms security issues and auditor general records; and
• Records exclusively maintained by legislative caucuses.

The bills have 37 co-sponsors from both parties. Rep. Lee Chatfield (R-Levering) said at the press conference announcing the proposal that it is time the public is made aware of government actions.

“I do believe this, that any elected official who opposes transparency is unfit to hold public office. And I am very passionate about that,” he said.

McBroom noted the state has received poor marks in terms of transparency and it is one of two states that does not subject its governor’s office and Legislature to transparency laws.

McBroom said a woman who worked in a FOIA office for a police department asked him: “Why is it that a rape victim’s complaint to the police department is subject to FOIA and yet my legislators aren’t?”

“I thought that was a really interesting point. That was a perspective I hadn’t heard before and a good reason to move this forward,” he said.

Moss said when people cannot access certain records, it looks like the government has something to hide.

“People deserve to know how their government operates, how their tax dollars are spent and whether their elected officials are acting in their best interest,” he said.

House Speaker Kevin Cotter (R-Mount Pleasant) called the proposal the best he has seen among introduced sunshine reforms. He said he is open to the legislation.

“From what I understand today, this is a very good package,” he said. “In previous terms, we have seen this used a political football by both parties, whichever party is in the minority. But I think this is a very sincere attempt by several members to try and find a solution.”

The Michigan Democratic Party and Progress Michigan applauded the introduction of legislation, but said it was only because of public pressure.

“As the Flint water crisis made perfectly clear, when government is allowed to operate in secrecy, free from public scrutiny and strong anti-corruption and transparency laws, it will act to protect its own interests, instead of protecting the people,” Michigan Democratic Party Chair Brandon Dillon said in a statement. “Only after intense public pressure and outrage over Governor Snyder’s attempt to cover up his administration’s role in the poisoning of Flint’s water, are Republicans finally willing to yield to Democratic calls for the executive office to face the truth that can only be guaranteed by the Freedom of Information Act.”

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