common cause

Government Transparency, Again, is the Issue: On Beacon Hill, committees secretly do much of work

The debate about the transparency of the legislative process on Beacon Hill continues.  Lack of transparency was noted during this past year while the budget was being debated behind closed doors.  Our legislators said this process was necessary for the Senate and House to decide on a compromise bill.  Did the public really have a choice?  What about other major decisions?  What about public hearings, when the public testifies on the issues before the committee members...who aren't present (many times waiting 3-5 hours to speak in front of 2-3 committee members of perhaps a total of 14-17)? 

A survey by the Boston University State House program of 19 major legislative committees that shape and move legislation found this process increasingly takes place outside the public view.  [The Milford Daily News]

Among the findings:

  • The staff for 15 of the committees polled said some voting is done through emails rather than in open executive sessions. The staff of 10 committees said the votes were not available to the public. State law requires that roll-call votes in executive sessions be recorded and made public. But committee rules do not address email voting.

  • Minutes and other details of committee meetings were not available from 18 of the committees, according to their staff. State law does not require such documentation of legislative committees, although it is required by other Massachusetts commissions and boards.

  • Among the lack of documentation are records of attendance by committee members. Observers say fewer committee members now show up for public hearings as the work of the committees takes place through phone discussion or email polls.

And here's more about legislative debate, in general: ...neutral observers such as [Michael] Widmer note a trend toward more control emanating from the offices of the House speaker and Senate president.

“I wouldn’t say that this session has had less debate than recent years, but part of the trend towards more power in the leadership has been less floor debate, particularly in the House,” said Widmer. “A lot of the debates are taking place in the legislative caucuses behind closed doors.”

The Commonwealth may perhaps do legislation better than some states, but we can clearly be more transparent and accountable to the public than we are currently.

Lobbying groups take a stand

When does lobbying reform go too far overboard and to the detriment of all?  The Obama Administration may have reached that point.  Lobbying, just like other noble professions, is performed by intelligent, thoughtful, and dedicated people who believe in their issue and who follow moral codes of conduct.  Just like with other professions, not everyone matches this level of performance.  That shouldn't be the reason to paint all lobbyist with the same negative brush, putting constraints on careers.

The report also details several examples of seemingly qualified senior nonprofit employees missing out on appointments because of their lobbyist status. ...David Cohen, a CLPI board member and former president of Common Cause, said the issue is that “people who are quite qualified and bring a different perspective on things are really being kept out of government by critical levels."  [Full Article: Politico]

Lawmakers: Secrecy allows for smoother budget talks

It seems the Conference Committee is having a difficult time coming to agreement on the FY 2012 Budget, which was to be implemented beginning July 1st.  Some people question whether these discussion/debates should be open to the public.

"If you take it out of conference and try to put it in the public realm, then the conferees are never going to get to finishing up the budget within the time frame we need to finish," [Senate President Therese] Murray said."It's been generally known that this is the most difficult budget scenario year in probably a generation," said [Sen. Stephen] Brewer, D-Barre. "Certainly at least since 1980-81, when we had Proposition 2 1/2. There are many financial issues and public policy issues that we are working very diligently on."  [Full Article:  Sentinel and Enterprise]

Prison inmates at issue in redrawing political districts

At issue:  Representation without population / Prison-based gerrymandering...

Lobbyists from public interest groups maintain that the common practice [prison-based gerrymandering] gives residents of legislative and local political districts where non-voting prisoners are housed more power at the polls than other voters, particularly those in the urban minority neighborhoods where inmates disproportionately come from... Without an amendment to the state constitution, the redistricting committee cannot add prison inmates to the legislative districts where they last lived,... [Full Article: The Bay State Banner

“Back room” strategists that never talk to a policy maker are not considered lobbyists!


Moses - LobbyingSecretary William Galvin has issued a new opinion on the lobbying law which adds clarity to certain key issues that have concerned many non-profits in the past few months.  In a January 21, 2010 opinion rendered to attorney Roger Donoghue, Lobbyist Section Director Alan Cote stated unequivocally that a communication with a covered executive or legislative official IS required in order to meet the statutory provisions for registering as a lobbyist.  In other words, back-room staff, who never talk with legislators, are not lobbyists.

To those of you who have been following this issue, Cote, in an October letter to attorney Carl Valvo, failed to answer this same question.  In this new letter to Attorney Donoghue, he references the previous letter and states that the office, "now finds that absent a direct, personal communication with a covered legislative or executive official by an individual, the participation of that individual in strategizing, planning and research activities does not trigger registration.” (emphasis in the original)

This new interpretation is consistent with Common Cause's view of the statute and that of Governor Patrick’s former chief legal counsel Ben Clements, who chaired the Governor's task force on Public Integrity and wrote the original legislation along with other members of the task force.  Attorney Clements is mentioned in the letter.


The opinion also clarifies the issue of whether non-profit board members who lobby on behalf of their non-profit have to register as lobbyists.  It states that when a Board member is not compensated by the non-profit, despite being a salaried employee of another corporation, he or she does not have to register.

Transparency in State Government


The wellbeing of our communities across Massachusetts hinges on our ability to work together with our government in finding ways on how to support the public structures we have built and maintained for decades. Public education, clean water, public security, clean streets, snow and trash removal, prevention programs among many others are some public structures that we all value and seek to continue funding. These public structures are what make Massachusetts competitive.

As residents of this state we need to continue participating in the decisions our elected officials make on our behalf. Our elected officials as our representatives are accountable to our communities. We are the ones electing them to make decisions that have an impact on all of us. Recent government scandals have undermined the faith many have in our government and in our ability to work together to solve the big issues of our time. Government transparency and accountability play an important role in restoring the public’s faith in the mission and purpose of the Legislature, and government as a whole.

In an article dated on January 26th, State Representative Will Brownsberger talks about the lack of transparency in certain activities of the state Legislature. Representative Brownsberger particularly discusses the lack of transparency around how funds are spent in certain legislative accounts and about hiring patterns in the House leadership. The article rightly states how these indiscretions "obscure real recent accomplishments like pension reform, ethics reform, transportation reform, and education reform, not to mention producing a timely budget in a deep recession" that state government has accomplished recently.

How Would the Pending Lobbying Reforms Affect Massachusetts Nonprofits?

Pam Wilmot & Governor DukakisWe know that policymakers make different decisions when they are watched by their constituents. In order to make that policy-making process more transparent, Governor Deval Patrick has filed "An Act Improving the Laws Relating to Ethics and Lobbying."

But what would this pending ethics bill mean for all of the Massachusetts nonprofits that want to voice their opinion on public policy? Will it restrict their ability to advocate for their causes? Will registering lobbyists be prohibitively expensive for small nonprofits?

It sounds like this bill is going to go quickly through the legislature, so now is the time to answer all of these questions! Pam Wilmot, Executive Director of Common Cause Massachusetts, and a member of the Governor's Task Force on Public Integrity, will walk us through this important piece of legislation, and answer your questions!

Join us Wednesday, March 25th at 5:00pm in the 9th floor conference room at 30 Winter Street. To make our Insider Budget Briefings more accessible, we are reducing tuition to only $10, including a light supper and take-home materials. Tuition may be waived for those who need assistance.

Event Info:
Wednesday, March 25th, 5:00-7:00pm
30 Winter Street, 9th Floor [Map]
Boston, Massachusetts 02108
RSVP by March 23rd to carmen@realclout.org

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