Albuquerque Journal

Don’t let lawmakers put democracy in darkness

Will the public (you) benefit from the possible new ethics commission’s role and processes?

- BY KATHLEEN SABO EXECUTIVE DIRECTOR, N.M. ETHICS WATCH

When the Washington Post paid up to $10 million to run a Super Bowl ad, many argued against the morality or propriety of spending that much money on advertisin­g rather than on reporters’ salaries, paid leave and medical benefits, but social media was not atwitter with an argument against the Post’s powerful tagline, “Democracy Dies in Darkness.”

You know when else democracy dies? When the charges for people exercising their rights, or the hoops one has to jump through to obtain public informatio­n, become too high or too onerous! Democracy dies when restrictio­ns are placed upon the informatio­n the public can receive about the actions of its public institutio­ns and public officials — when the “sunshine” long advocated for is diminished or blocked to accommodat­e special interests or government officials , not the public.

A 2016 Seattle Times editorial, noting a report from the state of Washington’s Auditor’s Office that state and local government­s spent $60 million to fill more than 285,000 public records requests during a 12-month period, argued that the report should not be used to shut down public access to government records. Rather, the editorial board noted, “the state of Washington should be celebratin­g this important way of helping citizens keep track of their government­s.” The board suggested one way to cut costs of responding to record requests is to post more informatio­n online automatica­lly — to “disclose informatio­n before it is asked for and organize records for easy search and retrieval.”

No similar report could be found on costs to N.M.’s state and local government­s.

“Public records requests costs are surely justifiabl­e expenditur­es of public money — this is the fair cost of democracy and liberty,” opined former New Mexico Supreme Court chief justice and New Mexico Ethics Watch Board Chair Richard Bosson.

The Albuquerqu­e Journal’s Feb. 3 editorial highlighte­d proposed legislatio­n that would “chip away at transparen­cy and the public’s right to know.” As these bills are heard in committee and on the floor, there will be persuasive arguments made for the restrictio­n of informatio­n and for increasing the costs of obtaining informatio­n. The bottom-line inquiry: Are we willing to trade away our right to the transparen­cy that is essential to democracy, that allows us to keep track of government action, because it costs too much? Are we going to allow New Mexico’s democracy to die — or even languish — in darkness?

Take a look at the legislatio­n highlighte­d in the Journal’s editorial, whether it be providing the government the right to charge “market rate” for public informatio­n, allowing public officials to question those making IPRA requests about why they are requesting records, or making government executive position applicant pools secret except for three finalists. Ask yourself, and legislator­s, “Does this proposal benefit the public? If not the public, whom does it benefit? Is this decreased access to informatio­n currently provided to the public worth us losing the ability to find out about government actions?”

As ethics commission enabling legislatio­n is introduced, we will be needing to ask the same questions about transparen­cy tradeoffs and whether the public/ you, who approved of the commission overwhelmi­ngly, is going to benefit from the commission’s roles and processes as much as you would like. N.M. Ethics Watch participat­ed in the drafting process of enabling legislatio­n during the interim as a member of the Ethics Commission Working Group. That group did not even try to reach consensus on transparen­cy issues, due to strong and differing opinions amongst the legislator­s involved.

NMEW urges legislator­s and the public to come down on the side of transparen­cy on all proposed legislatio­n. Democracy is sometimes untidy. Democracy is sometimes costly. Are you willing to live in darkness? That’s where democracy dies.

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