Sunshine Law Overhaul Proposal Goes to Full Committee

Today, the Open Government Study Committee began to approve its recommendations for overhauling the state’s Sunshine Laws.

The panel made very few changes to the suggestions of its open records subcommittee, but slowed down considerably when it delved into the issue of open meetings.

Current law bars local government officials from discussing official business behind closed doors. A proposal from the open meetings subcommittee would have allowed gatherings of 4 members, so long as they don’t also make up a majority of the larger body. But Senator Joe Haynes argued that while it may be overkill to ban absolutely all informal, private discussion of government matters, four government officials would be one too many.

“It is my humble opinion that to give the number four is an opportunity for mischief in a governmental body to allow, if you will, little subcommittees to take place hither and yonder to formulate public policy. Three makes me much more comfortable.”

The panel agreed to drop the cap down to three, then attempted to hash out language clarifying just what those groups may do. It set out to bar serial meetings, in which one group of three, then another, and so on meet privately until a majority have essentially deliberated together behind closed doors. And it debated what types of communication should be allowed. The committee finished for the day without reaching a decision on those matters or voting at all on open meetings recommendations. It will gather again tomorrow morning to continue its deliberations.

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The committee’s open records proposal includes the job description for the newly created position of ombudsman-and renames it “ombudsperson.” If adopted by the General Assembly, the ombudsperson will be available to local government, media, and the public at large to determine how the open records laws apply to specific situations. The Attorney General’s office will remain the primary resource for state government officials with similar questions. An advisory committee made up of representatives from the public, the press, and state and local government, will provide guidance to the ombudsperson, but the legislature will reserve oversight duties.