It’s Sunshine Week across the nation, a time when news organizations emphasize the importance of open government and keeping those in charge accountable to the public footing the bills. But it’s a mixed forecast in New Mexico, as three bills moving through the Legislature would help preserve transparent government while another is deemed one of the top 10 urgent threats to freedom of information.
• It looked like Sen. Bill Tallman’s perennial anti-transparency legislation to hide the names of applicants for top government jobs was dead after a tie committee vote Saturday. But the Albuquerque Democrat and retired city manager added what amounts to lipstick on this pig, an amendment changing the number of finalists made public from three to five. Senate Bill 63 is now in House Judiciary.
The amendment is a difference without distinction. If the names of all but the last five applicants are shielded, how will the public know equity and inclusion are more than a catch phrase? Decision-makers could return to the bad old days and say no qualified individuals of color, women or of LGBTQ+ diversity applied for city manager, police chief, school superintendent or other appointive executive position.
Tallman should be ashamed his bill was just named in the top 10 urgent threats to freedom of information by the Society of Professional Journalists.
House Judiciary needs to kill SB 63 before it undoes 40 years of work aimed at ensuring an open hiring system.
• Lawmakers need to act quickly on House Bill 10, which would greatly expand information the Children, Youth & Families Department can release about a case involving a child who has died as a result of abuse or neglect. This is about ensuring the state does right by some of the most vulnerable New Mexicans in its care. CYFD could disclose whether the child was in CYFD custody or under CYFD investigation within the last five years and provide a detailed synopsis of prior reports of abuse or neglect and any actions taken to ensure the safety of other children in the home.
This long overdue measure is languishing before House Judiciary.
• House Bill 232 is a reasonable effort at significantly updating the state’s Inspection of Public Records Act for the first time in 30 years in light of the new requirement for police to wear body cameras. The bill that passed the House by a 46-19 vote last week would exempt from release certain cybersecurity records such as the length of suggested passwords and law enforcement video of death notifications, nudity or certain other images.
The version before the Senate still allows people to view law enforcement video covered by the exemptions but wouldn’t allow them to make a copy. It’s a reasonable effort at protecting privacy and addressing the proliferation of electronic records and information technology without shutting out the public.
• Another good government bill needing quick action is Senate Bill 24, which would provide transparency in spending $1 billion of remaining federal education stimulus funds. SB 24 would ensure Elementary and Secondary School Emergency Relief funds are monitored and spent to improve student outcomes. The bill passed the Senate on a strong 36-2 bipartisan vote last month but was soon tabled by the House Education Committee after facing opposition from the Superintendents Association, School Boards Association and the Public Education Department, all who need reminding they work for you, the taxpayer.
• And Senate Bill 153, supported by the N.M. Foundation for Open Government, is common-sense legislation that would require the publication of each appropriation contained in supplemental general appropriation acts, such as “junior bills,” the names of each legislator and the amounts they allocated. It passed the Senate on a 35-0 vote last month and awaits action on the House floor.
Transparency in government is a tenet of our democracy and a key to the fourth estate being able to do its job and shine a light on what your government is doing. It’s essential at all levels — from the White House to the N.M. Legislature to local school boards — to keep the public informed all year long.
Lawmakers should keep that top of mind these last days of this session, and ensure your right to know isn’t undermined by government entities who want to weaken our public records laws.
This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.
