Republican Secrets Harm Everyone
Buried in the recently passed, $30 billion state budget are two measures that dangerously expand the power of the legislature while eroding transparency and oversight.
The first is a measure that gives extraordinary investigative powers to an oversight committee co-chaired by Republican leaders. Under this provision, the legislature can arbitrarily seize documents from state agencies or any private contractor. By expanding the power of the Joint Legislative Commission on Governmental Operations (or Gov Ops), the provision empowers state officials to enter the offices of any state or local government agency, any government contractor, or any charity receiving state support, and demand access to all records, including those deemed confidential. And if any employee even whispers there is an investigation or fails to cooperate they face criminal penalties.
Governor Cooper has correctly observed that “this is all a recipe for legislative corruption and abuse of power.” But because of the Republican supermajority and the ease they now have to override the governor’s veto power (19 times this year - a new record), there’s little the Governor can do to exercise oversight.
Fifteen years ago, a nonpartisan group of financial experts was set up to review state spending. The effort resulted in an estimated savings to the state of $38 million each year. Yet despite this great return to taxpayers, Republican leaders shut it down. In its place, they established the partisan, Republican dominated, Gov Ops panel to determine the types of investigations carried out.
Republican leaders downplay charges of “secret police” tactics, but their denials are unconvincing. The law authorizes Gov Ops staff to enter “any building or facility” owned or leased by a state or non-state entity without a warrant. Contractors who run businesses out of their homes are not immune from Gov Ops raids. When Gov Ops agents enter a private residence, the person must stay quiet about the entry and cannot seek outside help. If the Gov Ops team deems them uncooperative, they could face criminal charges.
During the legislative debate, opponents to the bill raised questions about access to personal health records such as ultrasounds. These are required by the state to receive abortion pills. Once in the hands of Gov Ops, is there any guarantee these private records won’t be released to the public during a hearing?
“An agency that is designed to protect the interests of the public spending,” Ann Webb, the policy director of government watchdog group Common Cause North Carolina states, “should be operated in such a way that it reflects the public interest in its structure — not simply the interest of a couple of very powerful individuals.” This provision flagrantly fails to meet Webb’s standards.
The second budget measure that threatens to chip away at our norms of government transparency is contained in a single paragraph. It deals with public oversight of our elected legislators. State legislators or former lawmakers are no longer required to respond to document or information requests. In other words, open records act requests are things of the past.
Republican leader House Speaker Tim Moore complains that public record requests are burdensome. “They are designed to add to cost and harassment; it ends up costing the taxpayers money.”
"Just because it's inconvenient or time consuming or expensive,” explains nonpartisan NC Open Government Coalition director Brooks Fuller, “it's not a good enough public policy reason to not allow free flow of information." Often reporters on our behalf file open records requests to provide evidence of mishandling of taxpayer funds or inappropriate actions conducted by our elected officials who "have every incentive to leave you in the dark if there's a record of something unflattering or that might not be politically advantageous to them.”
And this change directly affects everyone. Recently released new congressional and legislative maps were pretty much hidden from public view. Few voices were heard at public hearings because there were only three hearings conducted in as many days. Maps were drawn in secret, released and approved within a matter of days with no public input. In the past, documents used in drawing maps were released and reviewed by the public. The approach now is for redistricting records to become public only through lawsuits challenging the maps.
After the repeal of public records and expansion of the Gov Ops panel, “folks who already enjoy a lot of privilege and a lot of power as elected representatives in state government now have the ability to make public information laws,” Fuller states. “They've stripped that power away from average folks."
The North Carolina Press Association called these new privileges a “significant threat to the public’s right to see public record.”
As one nonprofit director points out, organizations will be “scared away from requesting state funds or grants and that it will ultimately hurt the people that they serve.”
Sources:
https://substack.com/@tesnimzekeria
https://carolinaforward.org/blog/budget-unworthy-nc/
https://mountainx.com/news/local-leaders-respond-to-new-state-investigative-powers/