[statecom-discuss] Fwd: Legislative wheels turn out of view

Sun Apr 27 12:13:48 EDT 2008

Hear!   Hear!
In a message dated 4/26/08 8:32:18 PM, tom.flittie at gmail.com writes:

> So, if not now then for the near future, a ballot referendum question;
> Should the Open Meeting Law apply to Massachusetts State Legislative bodies?
> 
> Tom Flittie
> 
> On Sat, Apr 26, 2008 at 4:37 AM, gary hicks <gooberthink06 at yahoo.com> wrote:
> 
> > yup ------------------ surprise, surprise!!!
> >
> > gary hicks <dailyplanet20032003 at yahoo.com> wrote: Date: Sat, 26 Apr 2008
> > 00:21:13 -0700 (PDT)
> > From: gary hicks <dailyplanet20032003 at yahoo.com>
> > Subject: Legislative wheels turn out of view
> > To: gary hicks <gooberthink06 at yahoo.com>
> >
> >     THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING
> >            Legislative wheels turn out of view      Boston Globe
> >  Community activist Carl Nilsson stood outside the House chamber late one
> > night this month and spoke  with any elected representative who would 
> stop.
> > He asked them to vote against a last-minute corporate tax amendment, one
> > that was heavily influenced by lobbyists and business groups.      Matt
> > Viser      April 25, 2008  -->   Legislative wheels turn out of view 
> Biggest
> > decisions made secretly on Beacon Hill By Matt Viser, Globe Staff  |  
> April
> > 25, 2008
> >  Community activist Carl Nilsson stood outside the House chamber late one
> > night this month and spoke with any elected representative who would stop.
> > He asked them to vote against a last-minute  corporate tax amendment, one
> > that was heavily influenced by lobbyists and business groups.
> >  But nothing Nilsson said would matter. Behind closed doors, the decision
> > had already been made by a handful of influential lawmakers. By 9 p.m., 
> the
> > five-page, highly technical amendment carried easily on a voice vote, with
> > little public debate.
> >  It demonstrated how the wheels of government turn on Beacon Hill. Most
> > important decisions take place behind closed doors, including those on 
> some
> > of the weightiest topics in recent months: legalizing casinos, levying new
> > taxes, and formulating the $28 billion state budget. In an increasingly
> > common practice, even committee votes are frequently taken via Blackberry
> > and e-mail, with the results released later.
> >  And because the Legislature exempted itself decades ago from the state's
> > open-meeting and public records laws, lawmakers often deliberate in 
> private
> > and keep key documents - schedules,  e-mails, even some voting records -
> > hidden from public view.
> >  Democrats, who control the House and Senate, frequently hold closed-door
> > party caucuses to hash out policy details; by the time legislation reaches
> > public view, ready for a vote, the results are typically predetermined.
> >  In the case of the vote Nilsson was watching, the action had serious
> > financial consequences that were unknown that night to many legislators: 
> The
> > Department of Revenue now estimates that the amendment could open the door
> > for up to $200 million in annual tax breaks for large corporations that 
> set
> > up overseas operations.
> >  "It was very frustrating," said Nilsson, campaign director of Neighbor to
> > Neighbor, a nonprofit organization that advocates for low-income families
> > statewide. "Doing these things in the dead of night makes it harder to 
> have
> > a public discussion and for legislators to understand what they're voting
> >  for."
> >  It's hardly surprising or new that Massachusetts politics includes hidden
> > agendas and backroom deals, a practice that has been in play since John
> > Hancock became the state's first governor in 1780. But as Massachusetts 
> has
> > once again become virtually a one-party state, there are fewer challenges 
> to
> > open up the process or questions directed at the handful of powerful
> > legislative leaders who dictate the flow of legislation. Some of the means
> > of centralizing authority put in place by former House speaker Thomas M.
> > Finneran have continued under the current speaker, Salvatore F. DiMasi.
> >  "I'm troubled by the current process," said Representative James B.
> > Eldridge, an Acton Democrat. "There is a lot of peer pressure that 
> inhibits
> > members from taking their votes to the House floor, and [unless it's 
> backed
> > by leadership] you don't have a snowball's chance in hell of it passing.
> > Institutionally, the House has grown comfortable with the current system,
> > and  it needs to become more open."
> >  The opaque practices continue despite a pledge by DiMasi when he became
> > speaker in 2004. He told colleagues that he would empower rank-and-file
> > legislators, encourage more public policy debate in committees, and "open
> > the windows of this institution and let the light of the 21st century in."
> >  DiMasi declined requests for an interview, but his spokesman released a
> > statement, pointing to efforts to increase openness by improving the
> > Legislature's website and broadcasting 150 hours of committee hearings and
> > floor debate online, "giving the public an unprecedented seat in the 
> hearing
> > room."
> >  "Under Speaker DiMasi, the House has become inarguably more open and
> > transparent to the public," said the spokesman, David Guarino.
> >  Through a spokesman, Senate President Therese Murray also pointed to the
> > online broadcasts of floor debates as evidence of openness.
> >  Governor Deval Patrick, who ran against the  "culture on Beacon Hill" and
> > vowed to bring new levels of transparency to government, declined to
> > comment. Patrick has denied several requests for records, including a
> > request from the Associated Press in February for copies of his e-mails 
> and
> > other electronic communications.
> >  If crafting law is like making sausage, the process at the State House
> > makes everything appear to come out like a prepackaged Fenway Frank.
> >  During the highly contentious casino debate, for example, lawmakers spent
> > 13 hours in committee hearings, sustaining themselves on Gatorade and
> > crackers as they listened to anyone who wanted to testify.
> >  But when it came time for deliberations among committee members, there
> > were none. To cast votes, most e-mailed and phoned them in, some not even
> > bothering to show up at the State House.
> >  For John Leschen, a 41-year-old historic preservation contractor from
> > Plympton, this was the first time he had confronted State House  
> procedures,
> > and he expressed disappointment.
> >  Leschen traveled several times to Beacon Hill, meeting with legislators
> > and sitting through hours of hearings, to oppose the governor's plan to
> > license three resort casinos. He was impressed with the amount of time
> > legislators spent on the issue and the knowledge they had amassed, but 
> said
> > it was all for naught.
> >  "It was primarily for show," said Leschen. "These things happened the 
> next
> > day through e-mail, a quick debate, and a couple of votes."
> >  Legislators say e-mail voting is fairly common, particularly on routine
> > matters, and it can come in handy in moving legislation along quickly. But
> > it also means that lawmakers, who earn nearly $60,000 in annual base pay 
> to
> > represent their districts, can avoid airing their views in a public forum.
> >  "In a perfect world, we'd all be there, and we'd all speak great
> > thoughts," said Representative  Daniel E. Bosley, a North Adams Democrat 
> and
> > cochairman of the committee that voted on the casino legislation. "But not
> > everyone can be there, and . . . it's a good thing people are given 
> options
> > to vote."
> >  The e-mail voting is used only in legislative committees, which is where
> > lengthy policy discussions typically take place, and not when issues reach
> > the House and Senate floors, where votes are publicly displayed using red
> > and green lights on an overhead board.
> >  There are a variety of other policies that shield lawmakers from public
> > scrutiny or questioning. Photography and video equipment, for example, 
> are,
> > in most cases, banned from the House and Senate chambers. There is a rope
> > line that keeps reporters, photographers, lobbyists, and other members of
> > the public away from the House doors after crucial votes. If legislators
> > want to answer questions, they can walk over to the rope to address the
> > crowd. If they don't, they can slip out a back  door.
> >  Several of the House procedures "definitely have a way of making the
> > process neater and smoother, but it's completely legitimate to question
> > whether democracy is well served," said Representative Jay Kaufman, a
> > Lexington Democrat. "If there were more debate, we would be in session
> > longer, and it would be harder for a body of 160 members to follow. But 
> it's
> > definitely marked by less debate."
> >  Years ago, the Legislature routinely debated for weeks over the budget,
> > with spirited floor fights over individual line items. But when Finneran
> > became speaker, House leaders made several changes that made the process
> > quicker and more orderly by consolidating power.
> >  When House members begin debate next week on how $28 billion in taxpayer
> > money should be distributed, they will retreat to a spacious lounge 
> blocked
> > off from the public by a security guard and there decide which budget
> > amendments make the cut.
> >  Members have submitted about  1,500 amendments, but which ones get 
> through
> > is largely determined by the chairman of House Ways and Means, Robert A.
> > DeLeo, Democrat of Winthrop.
> >  In theory, lawmakers can appeal on the House floor. But by that time, 
> most
> > decisions have been made. "It really is a sad state of affairs in how we
> > deal with this," said House minority leader Bradley H. Jones Jr. . "It's 
> not
> > good for democracy."
> >  Matt Viser can be reached at maviser at globe.com.
> >
> >
> >
> >    (c) Copyright    var crYear = new Date();
> > document.write(crYear.getFullYear());2008 The New York Times Company
> >
> >       '); //-->=0)document.write(unescape('%3C')+'\!-'+'-'); //-->
> > PT_AC_Iterate();
> >
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