Legislature to adopt transparency rules

The Oregon Legislature is set to adopt new rules that will make it easier to see how legislation is created and how the state does business.  Senate and House leaders expressed bipartisan support for the changes Tuesday during an annual meeting with press before the legislative session starts Feb. 1.

A major change in the rules is that anonymous amendments to bills will no longer be allowed. Legislators will have their names attached to amendments, and there will be an option to note if a lobbyist sponsored the amendment.

"I think that's going to be huge," House Speaker Tina Kotek said in praise of the new rules.

Kotek said the House will also double its retention of public records, from one year to two years, set timely response guidelines and train staff on quickly fulfilling requests for public records.

Other transparency bills may be debated during the 2016 legislative session. A bill sponsored by Gov. Kate Brown, HB 4135, would develop standards for records requests submitted to some executive branch agencies. Another, HB 3134, would require lobbyists to update information on who they work for within five days of accepting a new client. That bill would also direct the Oregon Government Ethics Commission to post those updates online within two business days.

Senate Majority Leader Ginny Burdick said she expects Senate support for HB 3134.

At the press conference Tuesday, Brown reiterated that part of her 2016 government accountability agenda includes creating a "technical ombudsman." That person would work with state agencies on fulfilling large electronic records requests. They would not be a public-facing official enforcing public records law, as in Washington state, although the governor intends to eventually create an enforcement ombudsman.

The proposed technical ombudsman may not be what Oregon needs, according to Bill Harbaugh, a professor of economics at the University of Oregon. Harbaugh, a public records reform advocate, said transparency issues stem from conflicts of interest at the Oregon Department of Justice and the office of the Attorney General, who is the state's attorney. The DOJ and AG are also charged with enforcing public records law, which could result in the release of information that embarrasses the state or opens it up to lawsuits.

"A strong public records ombudsman who was independent of the Department of Justice could do a lot to fix Oregon’s transparency problems by advocating for citizens and reporters who use the law to help make government do its job for the public," Harbaugh said.

gfriedman2@statesmanjournal.com, (503) 399-6653, on Twitter @gordonrfriedman or Facebook.com/gordonrfriedman