Minnesota legislators say they are worried this year about making sure local governments records are public under the law. They’ve expressed outrage over slow and redacted information from state agencies. Some have even sought Gov. Mark Dayton’s emails to find out more about state business.

But what of legislators’ own emails and correspondence? The public has no legal permission to see them.

Why? Legislators make the laws about who gets access to government emails and messages yet never opened their own public business to the public. Legislators largely make their own rules for what meetings are open and closed and what is available for the public.

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“The Legislature was crafty enough to draft (the open records law) so it did not apply to the Legislature,” said the Reporters Committee for Freedom of the Press. Many other states were not so “crafty.” In those states, including Wisconsin, the public can and often does request and receive legislative correspondence.

But a bipartisan push says it may be time for the Minnesota Legislature to change the exception it has carved out for itself for the 40 years the modern law on government openness has been on the books.

“One of the lessons of the last election is people feel super disempowered,” said state Rep. Paul Thissen, who is pushing a bipartisan bill that would grant more legislative openness. “One of the reasons people feel disempowered is because we take that power away from them by not opening up our information.”

One measure the Minneapolis DFLer is offering — to require the Legislature to be more transparent — has gotten little traction this year. Another — to mandate that a high-level commission study the problem and come up with solutions by the end of the year — has more support.

“I think if it’s a good requirement for local government, we should set the standard and we should do it ourselves,” said Rep. Jeff Howe, R-Rockville. Howe, a co-sponsor of both of Thissen’s bills, said he would have no problem releasing his emails: “You want to see what I got, I don’t have a problem with that.”

State Rep. Peggy Scott, chair of the Civil Law and Data Practices committee, says she plans on putting the commission plan in the large bill she will prepare and send for a full vote of the House.

“We need to study it,” said Scott, R-Andover.

GOVERNOR LENDS HIS WEIGHT

Democratic-Farmer-Labor Gov. Mark Dayton says it is time for the Legislature to put itself under the same rules that apply to him: The public can request and get his emails, documents from his office and other data from his administration. Related Articles Gov. Walz, Minnesota’s pointman on COVID-19, looks back with some regret

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“There’s just no justification for that kind of double standard. They’re the ones who passed these requirements for the executive branch, which I agree with, but then to exempt themselves, I just don’t know what justification they can come up with for it,” the governor said.

In past years, he said, he has mentioned to lawmakers what he called the hypocrisy of the state’s law. This year, he plans to insist it change.

He told the Pioneer Press that when lawmakers are negotiating with him on the final outcome of the session, he will propose it.

“The Legislature should be open and transparent to the public just like other elected officials, state agencies and local governments,” his proposal says.

“I intend to push this,” Dayton said.

THE ISSUE

The Legislature can be a perplexing place to access even for close observers. While the text of legislation considered and committee hearings and floor sessions are generally open and available for the public, following along can be tough.

The bill to study more legislative openness was on the docket to be heard publicly during an 8:15 a.m. hearing earlier this month. But with a packed agenda, the bill was pushed off. So, it was supposed to be heard during a 5:30 p.m. meeting in another hearing room. With three minutes before that hearing was to start, it was shifted to a different room. The openness measure eventually got a quick hearing and might be included in a larger measure soon.

Stagnation and concern about unintended consequences might keep the Legislature from agreeing to change its ways on making such documents public. But in a handful of interviews with lawmakers, few had great objections to making the Legislature as open as other Minnesota governments.

“I’m a little surprised we’re not,” said Sen. David Osmek, R-Mound, who has made public data requests of Dayton’s office. “I generally think the public has a right to the information.”