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Transparency two-step in Louisiana

by James Plummer

Louisiana Gov. Jindal was elected on a plethora of promises of open government and transparency. One of the first bills signed by the governor brought much more transparency to legislative dealings. In this year's session, the discussion has moved to increasing transparency in the governor's office itself. A number of bills of this topic have fallen by the wayside, but one has survived to the this point of the legislative session - SB 278, filed by Sen. Lee Amedee (D-Gonzales).

But an analysis by the Public Affairs Research Council of Louisiana reveals SB278 is one step forward and two steps back for transparency. Right now, virtually all of the records from the governor's office, excluding some financial records, are exempt from state open-records laws. Some bills which have been filed and failed by the legislature would have removed this exemption wholesale. Amedee's bill, backed by the Jindal administration, would open up those records but still keep confidential records regarding the governor's schedule, security matters, and interoffice communications.

But it would also shield from open-records requests a number of documents related to the state budget which are now accessible. “Pre-decisional advice and recommendations to the governor concerning budgeting” from "unclassified" gubernatorial appointees would be locked up for six months from the date of their creation. PAR's analysis points out that this would be "a devastating blow to open government." These reports are important fodder for the public debate over the state's budget decisions. They reveal how state appointees are considering using budget appropriations and whether the appointees consider the budget requests to be necessary or frivolous. By the time the six-month window has ended, the state's budget would have already been passed by the legislature and signed into law.

Surely any new law to increase transparency should increase transparency across the board, and not restrict transparency in some areas. Particularly when it comes to spending taxpayer dollars. But Amedee's bill has now passed both houses and awaits Jindal's expected signature.