The New England First Amendment Coalition called on Massachusetts lawmakers today to approve a ballot initiative that would make the governor’s office and legislature subject to the public records law.
In written comments to the Special Committee on Initiative Petitions, NEFAC wrote that:
“Despite improvements made to the statute in 2016, the public’s ability to learn about its government and hold its leaders accountable is still inhibited by major omissions in the law: the governor’s office, the judiciary and the legislature all continue to be exempt or claim exemption from the statute. No matter how strongly the public records statute may be written, it only covers a small fraction of the documents produced by state government. It’s an embarrassment that Massachusetts — whose own constitution explicitly requires government accountability to the people — is the only state in the country where the public lacks a right to these bodies of records.”
The state committee is considering H.5004 which would expand the public records statute while exempting “documents related to the development of public policy and communications between legislators and their constituents, if those communications are reasonably related to a constituent’s request for assistance in obtaining government-provided benefits or services or interacting with a government agency.”
In its comments, NEFAC renewed its ongoing concerns about the current scope of the law. As the coalition explained to the Special Legislative Commission on Public Records in 2018, the benefit of transparency isn’t just to root out corruption and expose the misdeeds of public officials. It’s also to assure residents that their system of government is working as intended and that their leaders are honest, competent individuals serving the public’s interest.
Unfortunately, the 2018 commission disbanded without making any recommendations on how to reform the law and legislators have since shown little interest in making transparency a priority.
“H. 5004 is another opportunity to change course,” NEFAC wrote, “and give public records law reform the attention it deserves.”
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. You can learn more about our advocacy here and explore the public records law in your state here.
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began in 2006 to advance and protect the five freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.