Come about Tuesday, April 6, folks in this part of the state might want to stand somewhere near the Mississippi River and watch just to make sure it doesn’t start flowing backwards. Sometime on Tuesday, the Minnesota House of Representatives should take up House File 2899, a bill authored by Rep. Gene Pelowski, DFL-Winona, to change how the public gets information from its own state and local officials. In a session marred by serious partisan rancor and not at all helped by the dozens of members in its midst that seem to have designs on the governor’s chair, the Legislature actually has a chance to put a little bit of polish back on a tarnished reputation. It might actually accomplish some measure of legislative reform. And (gasp) innovation. Those two words haven’t been thrown around much these past few years. This is a chance to momentarily move away from all the high-minded talk of reform and actually do some substantive change. And for just a little bit, the conversation doesn’t have to be about cuts, funding shifts and another hoped-for-but-as-of-yet-unseen federal stimulus rescue. The bill, which so many newspapers and open records advocates have rallied around, is close to becoming a reality and, if passed, would change how quickly the average citizen could get information. Instead of waiting three months to a year and spending thousands of dollars on attorney’s fees, the new legislation would allow a hearing in front of an administrative law judge who for only the cost of a hearing (to the party that loses) could issue a response promptly. Then public officials and citizens can get back to business. For every case brought before an administrative law judge, one less goes before an already overburdened district court. If enacted, Minnesota legislators would have the chance to truly say they passed truly innovative legislation. No other state has adopted such a unique approach to solving a public records conundrum that vexes so many other states, including all those which border Minnesota. The average citizen shouldn’t have to sue the government just to see what it’s doing. More importantly, the average citizen doesn’t have the time or the money to do that. Yet a select few public officials also know that, and, unfortunately use their position of public trust to thwart any attempt by a citizen or the media to shed the light of public scrutiny on their corner of local or state government. But this legislation could change that. HF 2899 could get lost in the shuffle of a session that has so few needs and even fewer solutions. Still, I can’t help but think that better access to government might mean a better understanding of government. And, that might lead to more trust – something almost completely extinct in state and federal politics. Yet, if citizens could trust their own government more, they might be willing to spend more money, or get more involved in the solutions to these serious budget matters facing the state. This one piece of legislation might also seem like a bit of "inside baseball" – a rule that will only affect a limited number of citizens. But public records laws aren’t so unlike the police. No one wants them around until you really need them, then they can’t be there quick enough or be strong enough. So do something you probably won’t get a chance to do much more this session – call your legislator, tell them you support HF2899, which already enjoys strong bi-partisan support. Tell your legislator: For just one part of one busy legislative day, quit dealing with the zeros (of budgeting) and be a good government hero.
Darrell Ehrlick is the editor of the Winona Daily News and has also testified before the Minnesota House and Senate about HF 2899.
