Since the email-driven Flint water revelations began, legislators have faced pressure to put an end to a sad fact of Michigan government: our state is one of only two in the nation where the governor and Legislature are immune from public records laws.
More than a year after bills were introduced to require the governor’s office and the House and Senate to comply with the Freedom of Information Act, a legislative panel took the first step this week.
But the legislation unanimously approved by the House Oversight and Ethics Committee on Thursday is little more than a sham. For example, it only applies to public records produced starting on Jan. 1, 2017.
According to Steve Neavling, who runs the Motor City Muckraker website, here are some the gaping holes in the bill:
Under the bills, lawmakers also conveniently protected themselves and their two legislative bodies from being sued for failing to disclose records. If an appointed “coordinator” rejects a request, the public’s only recourse is to appeal to “the administrator of the Legislative Council and there would not be a judicial review.”
“The new act does not allow a civil action to compel disclosure of a public record,” a synopsis of the bill reads.
Lawmakers also added numerous exemptions for themselves to narrow which public records are available. For example, communication between a constituent and the legislator would not be subject to disclosure, nor would records exclusively in the custody of the majority and minor caucuses of either public body.

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