Flint water crisis highlights why FOIA should apply to governor, Democrats say
tim-greimel.JPG
Tim Greimel pictured at the Michigan Democratic Party headquarters in January
2016. He and MDP Chair Brandon Dillon are calling on Republicans to support
expanding Michigan's Freedom of Information Act. (Emily Lawler | MLive.com)
Emily Lawler | elawler@xxxxxxxxx
By
Emily Lawler | elawler@xxxxxxxxx
on February 29, 2016 at 2:44 PM, updated February 29, 2016 at 9:38 PM
LANSING, MI -- Gov. Rick Snyder released thousands of pages of staff emails
over the weekend pertaining to the Flint water crisis, but Democratic leaders
say that information doesn't supplant the state's need for a more robust
Freedom of Information Act that applies to the governor and legislature.
Currently the governor's office is specifically exempt from having to disclose
records under Michigan's FOIA. The legislature is exempt via an Attorney
General opinion.
But the Flint water crisis, in which an unknown number of children were exposed
to lead, has prompted a unprecedented release of information. Snyder's office
over the weekend voluntarily released emails from executive office staff
members spanning several years.
But without a FOIA law there is no guarantee those emails are complete, said
House Democratic Leader Tim Greimel, D-Auburn Hills.
"He could legally be picking and choosing what emails he wants to release,"
Greimel said.
A FOIA law would also allow the public to access things like memos, phone call
records and other documents aside from emails, he said. For the portions
of the emails that were redacted, a judge could review them and determine if
they were properly redacted if this were a true release under FOIA.
Related: For Flint and Michigan, abolish FOIA exemption for governor
He and Michigan Democratic Party chair Brandon Dillon on Monday called for all
levels of Republican leadership to support FOIA reform and act on it by March
19, the end of a government transparency advocacy period called "Sunshine Week."
"We are fighting a culture of secrecy that shields the Governor's office and
legislature from public scrutiny," said Dillon. "Almost every day, new
information
comes out from news outlets or journalists that reveals why people in Flint
were poisoned with lead and Legionnaires' disease. There is simply no reason
why Governor Snyder and the legislature should continue to be exempt from basic
anti-corruption, anti-secrecy laws."
Greimel pointed to
a recent audit
of the Grand Rapids Veterans Home and the Flint water crisis as examples of why
the public needs information.
"Veterans have been neglected at the Grand Rapids Veterans Home and thousands
of people have been poisoned in Flint while the public was denied basic
information
as to how and why these tragedies were happening," Greimel said. "The time is
now to make state government transparent and accountable to the people it
serves."
Democrats have had
legislation pending
on the subject for more than a year and there is a
bipartisan proposal
in the works to subject the governor's office and legislature to FOIA.
But this hasn't always been a Democratic effort. In 2009 then-Rep. Pete Lund, a
Shelby Township Republican, introduced legislation that would have expanded
FOIA to the governor and legislature with co-sponsors including Lt. Gov. Brian
Calley. Democratic leadership (Andy Dillon was House Speaker at the time)
never took the bill up.
"It never even got a hearing," Lund said Monday. He never heard from Democrats
about working on a bipartisan version.
Greimel said he was not in the House and couldn't speak to the Democratic
actions at that time, but said he hoped it could be a bipartisan effort now.
Dillon
said that in 2016 Republicans have control of the legislature and governor's
office, and any FOIA changes would need their support.
Gideon D'Assandro, spokesman for House Speaker Kevin Cotter, said the speaker
was open to considering serious proposals.
"The speaker has always said that he is open to considering good, serious
reform proposals. However, he does not have time for the political stunts that
so often use this issue as a vehicle," D'Assandro said.
Emily Lawler is a Capitol reporter on MLive's statewide Impact Team. You can
reach her at
elawler@xxxxxxxxx,
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