opinion

Act now to save open government

On the cusp of a weekend when Wisconsinites celebrate one of the most cherished declarations of human liberty, the state Legislature's budget committee passed a measure that rolls back an essential right so eloquently expressed in that document. 

Make no mistake about what's at stake in the move by the Joint Finance Committee to change Wisconsin's open records law with no advance warning and no debate.  The changes are nothing less than an outright assault on open government and represent the worst impulses of tyrannical leadership. 

Using an Orwellian-sounding parliamentary procedure known as "Motion #999," the Republican-led committee late Thursday evening approved a modification to the 2015-17 state budget that would effectively prevent the public from accessing nearly all records created by elected officials and their staffs. 

The item passed on a party-line 12-4 vote, with all Republicans in favor and Democrats against.  Members of the committee refused to divulge who requested the motion or explain why changes to open records law were included in the state budget.  This obstinate lack of transparency illustrates how antithetical the changes are to good government and the very reason we celebrate the Fourth of July. 

Thomas Jefferson wrote in the Declaration of Independence that governments derive their just powers from the consent of the governed.  While our nation has undoubtedly grown larger and our government more complex since 1776, generations have understood that the best means of guaranteeing that consent comes by keeping the work of public officials open to citizens. 

Wisconsin's open meetings and records statutes, often known as sunshine laws, give the public access to nearly all records government produces on their behalf.  The underlying notion is that the public cannot give its consent unless it has access to information about how laws are crafted and administrative decisions are made. 

It is important to note these laws make no mention of the media, lobbyists or lawyers, and for good reason.  They were written for all citizens in the same spirit that our Declaration of Independence was drafted. 

Then and now, it was understood that government's legitimacy is built on this consent and explains why such a wide and diverse number of groups have spoken out against the changes, from the liberal One Wisconsin Now to the conservative John K. MacIver Institute.  It is precisely because this is not a liberal or conservative, Democratic, Republican or independent issue.  It is a matter of grave importance that these changes be rejected by members of the full state Assembly and Senate as well as Gov. Scott Walker. 

A fundamental protection is at stake, one Jefferson described in the Declaration as he outlined the colonists' grievances against King George: "He has called together legislative bodies at places, unusual, uncomfortable and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures." 

When he was running for governor in 2010, Walker spoke out in The Lakeland Times against the tactics used Thursday by the Joint Finance Committee, specifically inserting non-fiscal items into the budget and holding late-night votes, moves that also caused difficulties during the 2008 state budget process. 

"And I would make it, by statute, that the Legislature can't vote on anything after 10 at night or before 9 in the morning," Walker said. "…  they did it on purpose because not only do they not want average persons to know, they don't want reporters with deadlines to know — after 10 you miss the nightly TV news and you're not in print for the daily newspapers.  They push it back on a Saturday, hoping people won't read about things like that." 

With the state budget process coming to a close, the window to defeat these changes is narrowing.  State lawmakers should strip these changes from the budget.  Should a budget come to his desk with these changes in place, Gov. Walker ought to veto them. 

We urge you to call your lawmakers at 800-362-9472, or email them at legis.wisconsin.gov, and make your voice heard.  Civilly, respectfully but emphatically: Reject this attack on open government