Lawmakers hide behind own laws

Published 11:09 am Wednesday, September 2, 2015

Governing in the dark hurts the public, the government itself and the state of Mississippi. But that’s exactly what Lt. Gov. Tate Reeves  and Speaker Philip Gunn are doing by not releasing emails and other correspondence about Initiative 42 and an alternative, Initiative 42-A.

Patsy Brumfield of the 42 For Better Schools Campaign said the group sent certified letters on Aug. 11 to Reeves and Gunn, requesting all email or other correspondence from the two Republican officials.

For those who don’t know, just about any document — including emails in government accounts — used by a public official is public record. There are exceptions, but those are largely there to protect the public, not the governing body.

Subscribe to our free email newsletter

Get the latest news sent to your inbox

Not so when it comes to the state Legislature. The Legislature has long exempted itself from many provisions of Open Meetings and Public Records laws.  Reeves and Gunn both cited this exemption.

Lawmakers have decided that the public should have access to the records of government, as long as that doesn’t include their records.

Gunn said state law gives the Legislature the power to regulate public access to its records, and he’s correct. But self-regulation tends to produce undesirable outcomes. How can lawmakers be held accountable by a voting public if the public can’t see those records?

Michael Rejebian, a political researcher who often works for Democrats, filed the public records request on behalf of 42 for Better Schools.

“The politicians at the state Capitol set laws for everyone to follow except themselves,” Rejebian said Monday in a news release. “Their refusal to release this information raises even more questions about their relationship with privately funded, special interest lobbyists who are fighting against Initiative 42.”

Senate President Pro Tempore Giles Ward, R-Louisville, is chairman of the Rules Committee and presides over the Senate when Reeves is not available. Ward said in a letter to Rejebian on Monday that a Senate public records rule was set in 2002 and is still in effect.

Even if Reeves and Gunn are following the letter of the law in not releasing the emails, they are not in keeping with the fundamental idea of an open, transparent government.