Unholy alliance? Church, ACLU, unions fighting disclosure bill

June 11th, 2012 at 5:00 am by under Nesi's Notes, On the Main Site

The second half of Ed Fitzpatrick’s Sunday Projo column was full of insights into a last-minute effort by State House insiders to kill or water down two high-profile transparency bills: Rep. Christopher Blazejewski’s campaign finance disclosure bill and Rep. Michael Marcello’s badly needed public records reform.

In both cases, the roadblock is Senate President M. Teresa Paiva Weed’s chamber. First, on Blazejewski’s disclosure bill (which she co-spsonored):

The legislation is backed by groups such as Common Cause Rhode Island and the League of Women Voters, and it has produced an unlikely combination of opponents. John M. Marion, Common Cause’s executive director, said the Rhode Island Affiliate of the American Civil Liberties Union joined Rhode Island Right to Life in fighting the bill, and legislators had told him the Catholic Church and organized labor lobbied against it.

But it’s worth remembering that the legislation was announced at a State House news conference involving the state’s three most powerful officials: Governor Chafee, House Speaker Gordon D. Fox and Senate President M. Teresa Paiva Weed. “The Senate president has been a strong supporter of this bill from the beginning, and I’m hopeful the Senate will act to pass it in the next couple of days,” Blazejewski said.

More troublingly, Governor Chafee – who came to office pledging to focus on Rhode Island’s “ABCs” (“assets, budget and corruption”) – is now joining those who want to keep Rhode Islanders in the dark about the actions taken in their names. Chafee is opposing not only Marcello’s public records bill, but even two weak Senate alternatives:

The House’s Marcello said he and the Senate’s Sheehan met Friday afternoon to try to craft a compromise that would be presented to the House and Senate in the next few days. The compromise would, for example, explicitly state that employment contracts for government employees must be disclosed, but it would not require disclosure of e-mails and other correspondence to and from elected officials in their official capacity.

In another 11th-hour development, Governor Chafee’s office contends that the legislation is too vague in establishing a balancing test to determine whether disclosing a record would be a “clearly unwarranted” invasion of privacy, Marcello said. But he said the bill’s balancing test mirrors the federal Freedom of Information Act, which has been precisely defined by years of federal case law.

Chafee’s commitment to open government is looking increasingly rhetorical – sighing that he wishes he could make the EDC’s 38 Studios meetings open but was told not to by its lawyer. Public records reform is becoming another example of such passivity. Furthermore, it’s been clear for many months that the public records bills were going to get serious attention this session – if none of these three meet the governor’s standards, where is his alternative bill? Or is he tacitly saying he’s actually fine with Rhode Island’s lousy public records law at present? Moreover, when has Chafee put real political capital behind policies to address the third leg of his “ABCs”?

The House Judiciary Committee is scheduled to vote on Marcello’s public records bill this afternoon, with a floor vote to follow Tuesday. But the Senate hasn’t scheduled any committee or floor votes on public records as of this writing. The Senate Judiciary Committee is scheduled to take up Blazejewski’s bill and Sheehan’s weaker public records bill on Monday. (Even Marcello’s bill, by the way, is losing some of its teeth – emails are no longer included, for example.)

In fairness, the Senate Judiciary Committee already has other important business on its plate for Monday – such as awarding court magistrate gigs to former state Sen. Chuck Levesque (who less than three months ago came to the rescue of Paiva Weed’s deputy Dominick Ruggerio when he was arrested for DUI) and John Flynn (legal counsel to Speaker Fox and former steward of West Warwick’s pension fund).

• Related: RI Senate fast-tracks public records bill you’ve never heard of (June 10)

(photo: Brown University)

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10 Responses to “Unholy alliance? Church, ACLU, unions fighting disclosure bill”

  1. Jake says:

    Perhaps Rep. Blazejewski should reconsider the impact of his incumbent-protection legislation in light of the range of opposition it has engendered. It is clear the impact will be to intimidate donors who support groups that dare to challenge the status quo. Sometimes, Mr. Blazejewski, when just about everyone other than incumbent legislators are against you, the possibility that you may wrong has to be considered.

    Instead of this piecemeal approach to protecting incumbents, which included the “voter ID” travesty and now this, why not move to eliminate elections entirely and be done with it?

  2. Gsasse says:

    Rhode island’s biggest challenges is the lack of effective leadership.

  3. Goner says:

    Before we moved away I was on a town committee and because of Open Meetings Law we were not even allowed to email one and other to discuss items. All had to be vetted in an open forum and notes were taken and posted on the town web site.

    I always wondered, not being a RI’er by birth, what was happening at a state level that made the GA immune from the same law and scrutiny that struck fear of legal violation into us.

    I guess it is the same thing as everything else in RI , an Orwellian answer “All animals are equal but some animals are more equal than others”

    RI is run by the GA for the GA. Everyone else, anyone without connections that would benefit from them, should really leave. The growth rate in the state will be suppressed by the corruption and entrenchment of vested interests, your homes will never appreciate, your taxes will be raised so a special class will have access to pensions you can only dream of. There is no future for the young. Yes, its hard to go but go while you can….

    1. Cosmo says:

      Could not have said it better myself.

  4. [...] as the session winds down, Ted Nesi calls out Teresa Paiva Weed for standing in the way of a new public records law and a local version of a disclose law. Public records laws are [...]

  5. Ed says:

    I understand the public sector unions, the AG’s office, the General Assembly, State Senate, and the Governor. I am disappointed in the Catholic Church after the sex scandal they should be the first group that would endorse scrunity of public records. The ACLU disgusts me they have no regard for the taxpayers right to know what is going on in our government. It is not for a select few to work in secret. It is time for sunshine laws.

  6. Downsized54 says:

    Fox and Paiva Weed should be cast out of RI this November.enough of their corruption

  7. bee says:

    why does the legislative branch only make laws that protect them? Are you all plastic people?

    1. Mike Rollins says:

      They pass this kind of political censorship, and incumbency protection legislation because they believe they can get away with it.

  8. bee says:

    sorry but the HOUSE is the UNHOLY ONE