EDITORIAL: Legislature will operate under limited public scrutiny

Lawmakers reconvene on Monday for the 2021 legislative session, which will be vital to charting the state’s course as we emerge from this devastating pandemic. Yet everyday Nevadans will be prohibited from attending most hearings.

The Legislative Counsel Bureau, which provides legal advice to lawmakers, announced last week that the 81st session of the Nevada Legislature will start as a mostly virtual affair due to COVID restrictions. Only after “lawmakers and essential staff” receive both coronavirus vaccinations will the Legislative Building gradually be opened, according to Brenda Erdoes, LCB director.

The Nevada Constitution demands that certain legislative meetings be open to the public, but Gov. Steve Sisolak’s emergency proclamations are apparently enough to override that vital consideration — another reason why lawmakers should revisit bestowing so much power in the executive branch during times of “crisis.” At any rate, lawmakers for years have been exempt from the state’s open meeting law, allowing them to retire into closed quarters at times. Now we’re in danger of having an entire 90-day session conducted outside the reach of most Nevadans.

Nor is precedent encouraging. Lawmakers met in two special sessions last summer under similar COVID restrictions. During both gatherings, votes and hearings were held at odd hours that discouraged public input and limited feedback. The fact that the same majority leadership remains in place for this upcoming session doesn’t inspire confidence that lawmakers won’t again seek to take advantage of pandemic restrictions on transparency. Let’s hope we’re wrong.

Public health concerns are legitimate, of course, and some constraints during the session are inevitable. Packed hearing rooms will have to wait. But private-sector businesses are operating safely under restricted capacity rules, not at no capacity at all. Yes, interested citizens will be allowed to participate in Carson City via Zoom conferencing, but that’s a poor substitute for an in-person hearing when lawmakers go face-to-face with those on competing sides of given legislation.

The goal must be to allow the public, even in moderate numbers, back into the process as soon as possible. Given the sheer volume of bills considered each session, anything less only increases the likelihood of legislation emerging from the shadows rather than the bubbly cauldron of impassioned debate.

Lawmakers have requested more than 900 bill drafts for their upcoming gathering. Perhaps if the Legislature plans on operating with extremely restricted citizen input, both the Senate and Assembly should greatly reduce the number of legislative proposals they may consider during this unprecedented session. That would at least help minimize the potential damage of limited public scrutiny.