Michigan Senate panel votes to expand open records law to governor, lawmakers

Lansing — A Michigan Senate committee voted Wednesday to subject lawmakers and the governor's office to the state's open records law, a move that would end broad exemptions that are rare nationally.

For years, Michigan has been one of only two states where legislators and governors are left out of policies that generally require government officials to hand over documents when they're requested by members of the public.

The Senate Oversight Committee voted 5-0 for bills to expand the Freedom of Information Act while also providing a series of special exclusions for lawmakers and the governor's staff, including carving out communications between them and their constituents.

Senate Oversight Chairman Sam Singh, D-East Lansing, labeled Wednesday's committee votes an "historic moment" for the upper chamber. They came during Sunshine Week, an annual celebration of transparency. In the past, the state House has led on efforts to strengthen Michigan's open records laws, but previous Senate GOP leaders blocked the measures.

"I'm proud that it is the Senate that is now taking the lead on this," Singh said.

The only Senate Oversight Committee member who didn't support the bills on Wednesday was Sen. Jonathan Lindsey, R-Allen, who passed.

The new bills still have to be voted on by the full Senate and the House and gain Gov. Gretchen Whitmer's signature to become law.

Democrats won control of the Senate for the first time in nearly 40 years in November 2022. And state Sen. Jeremy Moss, D-Southfield, who studied journalism at Michigan State University, has pushed Democrats to prioritize pro-transparency policies. He's worked across the aisle on the bills with Sen. Ed McBroom, R-Vulcan.

"It's a new day," Moss said after Wednesday's meeting.

He vowed that that the bills will eventually be voted on by the full Senate. Supporters of the proposals have had to, over time, convince their colleagues about why it's in the best interest of the state that they should release their own emails upon request, Moss said.

"The sad reality is that every scandal that we've endured here has also built the case for this legislation to move," Moss said. "So here we are, nine years into this project, on Sunshine Week, seeing that light at the end of the tunnel."

Over the last year, multiple prominent figures in Lansing have been under criminal investigation. Former House Speaker Rick Johnson pleaded guilty in April to taking bribes as the leader of the state's medical marijuana licensing board. And in December, Michigan Attorney General Dana Nessel brought embezzlement charges against two top staffers of former House Speaker Lee Chatfield.

The criminal allegations came after the nonprofit Center for Public Integrity rated Michigan the worst state in the country in 2015 for its systems to deter corruption.

If the new Freedom of Information Act bills become law, lawmakers and the governor would still benefit from generous exemptions that other government agencies, including mayors, county commissions and state departments, do not.

For instance, communications between lawmakers or the governor's office and constituents would be exempt from disclosure. For the governor, that means her office's emails with all residents of the state, other than appointees or lobbyists, could be concealed.

Asked if a business owner's request for the governor's help with his company wouldn't have to be disclosed, Moss said the decision would potentially be up to the courts to determine whether the message fits with the exemption.

"It's a case by case basis," Moss said.

As the bills stand, they exempt from disclosure communications with constituents over "assistance in personally obtaining government services, to express a personal opinion or for redress of personal grievances."

The bills also exempt other records held by the governor's office related to appointments, the decision to remove a public official and the decision to grant pardons or commutations.

cmauger@detroitnews.com