REP. DAVID LUJAN

Last summer, a small group of Valley journalists and people from other careers met at the Tempe Public Library to discuss possible ways to make government more transparent to the public, with an emphasis on freedom of information and open records law.s The meeting was organized by the 21st Century Right-to-Know Project as part of a national listening tour for the purpose of developing proposed policy changes for the incoming new president (whether it turned out to be John McCain or Barack Obama).

While most of the discussion focused on federal agencies, state Rep. David Lujan, D-Ariz., spoke to the group about how Arizona law works and where potential gaps might be. The back-and-forth led to the point that while Arizona has a robust open records’ law that most lawmakers support, the Legislature always has been exempt from obeying it. Lujan noted the irony that the Legislature expects other government agencies to follow a statute that lawmakers won’t impose on themselves.

Lujan pledged before the group to draft and introduce a bill next year that would generally include the Legislature under the open records statute. Now, I wouldn’t expect such a bill to get anywhere. Individual lawmakers and legislative agencies actually are quite good about releasing records and other data from their offices, if only to avoid the appearance of trying to hide something from the public. But a number of lawmakers I’ve talked to don’t believe the open records law should apply to the Legislature, to protect those rare instances in which they choose not to share anything. They see such a law as intruding on the constitutional authority of individual lawmakers as elected officeholders (even though the same law already applies to county board of supervisors and city councils).

What’s interesting here is House Democrats decided last week to name Lujan as their new leader, replacing Phil Lopes of Tucson. So if Lujan keeps his pledge, he could give more visibility to a bill that requires the Arizona Legislature to release its records, instead of simply trusting lawmakers to do so.