Senate chief backs applying OGA to Legislature, with exemptions

Senate President Pete P. Reyes is pushing for legislation that would apply the Open Government Act to the Legislature.

Reyes has proposed to restore the applicability of the government transparency law, with a few exemptions, to lawmakers. Under Reyes’ proposal, communications between legislative members and their constituents, as well as those among lawmakers, would be exempted from public scrutiny.

Reyes, in a bill he has pre-filed at the Senate, said the exemption would ensure that “constituents who are not lobbyists…never fear they are violating the law by speaking to their elected officials.”

The bill also seeks a period limit for challenging laws passed by the Legislature in violation of the Open Government Act—for example, public notice was not given for the session at which a bill was passed. If the bill is signed into law, citizens will have 30 days to bring that law before the court.

Reyes said this provision is designed to bar untimely challenges to new laws and thus keep investor confidence in the Commonwealth’s laws.

Rep. Tina Sablan, who has been fighting to get the Legislature subject to the Open Government Act, praised the main intent of the bill, but expressed reservations about its current form.

“I think the Senate president’s public statements in favor of the application of the Open Government Act are commendable. And I also think that the bill can be improved,” she said.

According to Sablan, the 30-day statute of limitations is prohibitive, and the exemption for certain communications is open to abuse and unnecessary.

“The language of the bill is constructed against the right of the citizen to be informed and to have the opportunity to participate in the legislative process and still in favor of the ability of lawmakers to circumvent the same rules of transparency that apply to all other agencies,” she said.

“But of course, I don’t claim to have all the answers about the best way to improve transparency in the Legislature and I am open to discussion and alternative opinions,” she added.

Sablan is spearheading a citizen initiative to apply the Open Government Act to the Legislature. She and other proponents of the popular initiative hope to get it on the ballot in next year’s general election. Over 2,000 voters have signed the initiative petition.