A cross-section of Republicans, Democrats, House and Senate members announced new transparency legislation Wednesday that would open the governor's office to FOIA and create a separate Legislative Open Records Act.
The LORA would operate in the same way as FOIA in many respects, but exempt items like human resources files, communications with constituents and communications regarding bill drafting.
Rep. Ed McBroom, R-Vulcan, said creating this separate transparency act for the legislature eliminated some legal issues that would come with lumping the legislature into the FOIA law.
"Now, we've really worked to eliminate the constitutional issues that have been in previous proposals while making sure we're protecting constituents' information, the constitutional protections for legislators' speech and debate privileges," McBroom said.
The Democratic leader on the package is Jeremy Moss, D-Southfield. He said he gained a deep respect for transparency's importance on Southfield City Council, after a citizen so frustrated by a stalled FOIA request assumed there was something fishy going on and started attending every council meeting as a self-appointed watchdog. Without transparency, "we look like we have something to hide, even if we don't."
Both legislators pointed to Michigan's failing marks on transparency in comparison to other states.
The legislation would not be retroactive. It would start January 2017 and go forward.
The package had bipartisan and bicameral support. Sen. Margaret O'Brien, R-Portage and Sen. Tonya Schuitmaker, R-Lawton, are senators supporting the package. Represetatives supporting the package include Martin Howrylak, R-Troy; Dr. John Bizon, R-Battle Creek; Tom Barrett, R-Potterville; Jason Sheppard, R-Temperance; Lee Chatfield, R-Levering; David Rutledge, D-Ypsilanti; and Vanessa Guerra, D-Saginaw.
Chatfield said opening up transparency was important to him, and was not a partisan issue. "Any elected official who opposes transparency is unfit to hold public office," Chatfield said.
House Speaker Kevin Cotter, R-Mt. Pleasant, said he was open to discussing the package as an honest attempt.
"This is a complicated issue, and it will undoubtedly see revisions after public comment in committee. But this is something we can work with, and it is the best proposal to reform FOIA I have seen to date," Cotter said.
Michigan Democratic Chair Brandon Dillon praised the part of the proposal that would subject the governor to FOIA.
"Relentless public pressure and repeated calls from Democrats have finally forced Republicans in the legislature to do the right thing and expand the Freedom of Information Act to include Michigan's executive branch," Dillon said.
McBroom said he was hopeful the bills would be referred to his Oversight and Ethics Committee.
