EDITORIAL: Apply transparency laws to the Legislature

Sunshine Week has just concluded, yet the fight for open government remains a 365-day-a-year endeavor. Transparency and accountability from those who conduct the public’s business isn’t just of importance to the Fourth Estate. It is vital for watchdog groups from across the political spectrum and for citizens seeking greater understanding of how their tax dollars are spent.

Finally, transparency is integral to democratic governance, while promoting trust in institutions, advancing government efficiency and checking corruption.

Yet for all their lip service about the value of openness, too many politicians and public workers default to secrecy or obstruction when faced with scrutiny. The taxpayer-funded agency that hasn’t fought a records request is few and far between, particularly in this state. And consider the Nevada Legislature, which passed the state’s open records law with a statutory acknowledgment that it would “foster democratic principles by providing members of the public with prompt access” to government records — and then conveniently exempted itself from the law.

Enter Assemblywoman Heidi Kasama, a Republican from Las Vegas. She has sponsored Assembly Joint Resolution 3, a state constitutional amendment that, with some exceptions, would “make the Legislature subject to the same provisions of law that are enacted by the Legislature and relate to the inspection and copying of public books and records as any other governmental entity.” It would also make the Legislature subject to the Open Meeting Law.

This is a splendid idea and long overdue. It’s unfortunate that “legislative audits” are among the exempted records. But the proposal is a step forward regardless.

The measure has the support of Gov. Joe Lombardo, a Republican, and the Nevada Open Government Coalition. The $64,000 question, however, is whether the Democratic leadership will move the proposal forward.

Under Nevada law, constitutional amendments brought forth in either the Senate or the Assembly must pass both houses by a majority vote to proceed. They then sit on the shelf until the next legislative session, where they must earn majority support from lawmakers for a second time. If that is secured, such proposals go to a vote of the people.

The legislative carve-out from open records laws is particularly difficult to justify given that local governments and the state executive branch are all under the domain of the statute. What do lawmakers have to hide?

Gov. Lombardo should loudly use his bully pulpit to advance AJR3, and the Democrats running the two legislative houses should make it a priority. At the very least, it would be highly instructive for Nevada voters to learn which lawmakers welcome the sunshine and which prefer to operate in the shadows.