Friday, September 11, 2009

Good veto kills legislative secrecy bill

Congratulations to Gov. Bev Perdue for vetoing a bill that would make documents related to legislative actions confidential. Perdue's first veto was a good one, if only for symbolic reasons. Legislative leaders have not decided whether they will convene a special session to try to override the veto of the bill, which passed unanimously.
North Carolina has generally good public records laws. The preamble to these laws states that all governmental records of any format belong to the people of North Carolina. The law makes some exceptions, such as medical and student records, but the principle of open records is a sound one. Transparency and access to records discourage governmental favoritism and fraud. State laws require local government meeting minutes, memos, correspondence, e-mail, deeds, judgments, complaints, directives and so forth to be accessible to anyone who requests them.
But the legislators who passed these laws also exempted themselves from most public records and open meetings laws. Unlike city councils or county commissions, for example, legislative committees can close their meetings to the public whenever they feel the urge. The bill Perdue vetoed would have closed access to legislative working papers, including written requests from constituents, inquiries by legislators and legislative proposals addressed to representatives. Perdue is absolutely right that "These are the people's documents."
Perhaps the most egregious part of the bill was the provision that would make releasing the documents legislators want to hide a criminal offense. Under current law, there are no criminal penalties for violating the public records or open meetings laws, so this would be a significant change. Executive branch employees could be charged criminally for releasing those documents, but legislative employees would face only civil complaints.
In the wake of all the political scandals involving Jim Black, Frank Ballance, Mike Easley and others, transparency should be a priority issue in statewide campaigns. If Democrats want to avoid it and Republicans' hearts aren't in it, voters should demand that candidates take a stand: Are you for governmental transparency or are secret documents and back-room deals the way to get things done?

2 comments:

Anonymous said...

these legislative representatives should be charged w/ fraud and conspiracy for coming up w/ a legal method to hide what they do.

They are all crooks as far as I am concerned! Shame!

Anonymous said...

Great move. Thanks Governor Perdue!