According to state law, elected officials must conduct their business in open sessions. But state legislators have a built in loophole that allows them to meet as separate political caucuses behind closed doors. In the case of the state’s Republican-dominated legislature, that means a quorum of legislators can determine the fate of a bill, without public scrutiny. That practice has been a particular point of contention for Democratic lawmakers who say the practice flaunts Utah’s Open and Public Meetings Act.
Utah District 54 Representative Kraig Powell (R-Heber City), wants to change that. He is proposing legislation that would force both parties to open their caucuses when a quorum of legislators are present and when any legislation is being discussed.
According to Powell, many of the most candid debates and contentious policy decisions are currently made during the caucus sessions.
“The Republicans hold a strong majority in both the House and the Senate, so whenever they hold closed-door discussions to discuss policy, that is a majority of a public-body meeting and they should be held to the same standards every other public body is,” Powell said. “I found it strange that we are allowed to meet as a sub-group, close the discussion, and decide upon laws outside of the public view.”
Republicans currently hold a 58-17 majority in the House and a 22-7 majority in the Senate.
Powell said he will introduce two bills on the first day of the legislative session in January, one that would require legislatures to open their party caucus meetings, and one that would allow all public bodies to hold closed-door meetings.
“I am introducing the companion bill just to make a point and show my fellow legislators that if we are doing this, then the school boards and county councils should be able to as well. I don’t want to see that bill enacted” he added.
The first proposed bill would still allow for political parties, even if they represent the majority, to meet in closed sessions to discuss party-affiliated policy such as voter turn-out or a party’s tactic for increasing membership. But if any policy or legislation was discussed, it would have to be an open meeting.
Powell’s bill comes on the heels of House Bill 477, which proposed to weaken open-record access. The bill was passed but then revoked within two weeks.
“HB477 created a firestorm and made more legislators in favor of open-meeting principles and made the public aware of what goes on behind closed doors,” said Powell. “The House tries to keep caucuses open, but still closes them for sensitive legislation. The Senate always closes their caucuses and meets behind closed doors three or four times a week.”
The bill may not pass easily. Powell said some legislators are in favor of closed meetings because it allows them to speak frankly and hash things out without the public or media misinterpreting what they say. But the choice between privacy and transparency, said Powell, should be an easy one to make.
“There is always the possibility this bill may offend some of my colleagues, but that issue is not as great as I once feared it to be,” he said. “There are so many bills and policies, it is hard to remember to hold a grudge.”
Powell said if passed, his open-meeting bill could go a long way towards restoring voter confidence in their elected officials. Powell also announced that he has decided to run for House District 54 again in 2012. Because of November’s redistricting, House District 54 will encompass Wasatch County and portions of Summit County, including Park City, Trailside, and portions of Silver Springs.