PM Issues Committee chair Jonathan Cohn just had an editorial printed in CommonWealth about transparency in the MA State House. Read an excerpt below and the full piece here.
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In 2016, when the Massachusetts Legislature updated the state’s public records laws, they chose to punt on the issue of how such laws should apply to themselves. Indeed, Massachusetts remains the only state where the courts, Legislature, and governor’s office all claim to be fully exempt from public records laws.
In traditional Beacon Hill fashion, the Legislature created a commission to study the issue further, and the bicameral commission ended up with no actual recommendations.
But that’s not the fault of the senators in the commission. Frustrated with their House colleagues, the six Senate members issued their own report on December 31, 2018. In the report, they highlighted several as-of-yet-unadopted ways make the Massachusetts Legislature more accessible, including the release of all written testimony received prior to all committee hearings and any testimony or other materials submitted in-person during the hearing process, upon request and the online publication of any vote recorded either by electronic poll or by a vote of the “yeas and nays” during a committee meeting or executive session.
Earlier this month, the Senate reaffirmed their support for making testimony available (with, of course, appropriate redactions for “sensitive personal information or information that may jeopardize the health, wellness or safety of an individual”) and publishing committee votes online in the Joint Rules. The House again is proving a roadblock. In the Joint Rules on which the House plans to vote today, public access to testimony is gone. And although the House embraced a form of publishing committee votes, they narrowed it to a list of the dissenting votes and the vote count. Why not just list yeas and nays as we do everywhere else?
To be clear, public access to testimony and committee votes are not radical reforms. The majority of US states, including California, Connecticut, Hawaii, Illinois, Maine, Maryland, Oregon, and New Jersey, publish committee votes online. And states like Connecticut, Hawaii, Maine, and Oregon go further than the proposal to simply make testimony available upon request: they publish it by default—something that the Massachusetts House showed it was able to do last summer with testimony submitted on the police reform bill.
