Michigan’s status as one of just two states that exempt the governor and state legislators from open records laws casts a dark shadow over our state.

The Freedom of Information Act (FOIA) allows people to review or obtain copies of most public records from local governments and school districts in Michigan. But elected state officials get to play by a different set of rules.

Fortunately, sunshine is now in our forecast.

The Michigan House recently approved a bipartisan plan to end these exemptions and increase transparency in state government. The proposal will subject the governor and lieutenant governor to FOIA and hold state representatives and senators to the same high standard by creating the Legislative Open Records Act (LORA).

It was a privilege to cast one of the votes in support of this historic legislation.

The way I see it, the people of Saginaw County put their trust in me last November. My job is to represent their interests in Lansing – and they deserve to have more transparency than what exists today.

A lack of transparency often results in distrust and insecurity. We can’t expect people to have faith in their government if they don’t have a way to hold their elected officials accountable.

This plan is the first step we must take to ensure residents have access to all of the information they need and deserve.
While LORA mirrors FOIA in almost every way, it does contain some important differences.

For example, there are exemptions for constituent inquiries to ensure that personal information is protected and kept private. This will allow people to continue contacting my office for help regarding personal problems without having to worry about their private information being made public. Other types of communications – including those lawmakers have with state departments and lobbyists – would not be exempt from disclosure.

Another important difference concerns the appeals process. FOIA appeals are routed through the court system, but the Michigan constitution prevents the judicial branch from interfering with legislative affairs. Other states have run into constitutional problems after expanding FOIA to their legislatures, and their laws ended up being unenforceable.

We’re committed to enacting a law we know will hold Michigan legislators accountable. LORA addresses the constitutional concerns by ensuring appeals regarding legislative record requests are handled by an impartial non-partisan entity. This will ensure the public has a fair and effective way to appeal improper denials and excessive fees.

Enacting these much-needed reforms will bring more transparency to everything we do at the Capitol and help restore the public’s confidence in our state government.
The House approved this plan unanimously. Now it’s the Senate’s turn. I urge my colleagues in the Michigan Senate to act swiftly and give the people the transparency they deserve.

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State Rep. Rodney Wakeman is serving his first term in the Michigan House of Representatives, representing residents in the city of Frankenmuth and the townships of Albee, Birch Run, Blumfield, Frankenmuth, Saginaw, St. Charles, Swan Creek, Taymouth, Thomas and Tittabawassee.