The powerful vs. the powerful
It's always interesting when powerful parties in the Legislature go after one another. That's what happened last week when state Sen. John Martin, arguably the most influential Maine legislator of our time, took on the Maine School Boards Association, Maine Municipal Association and other groups for lobbying "against" the recently passed school-consolidation plan.
Martin has filed Freedom of Access Requests asking these groups and a few others to detail how much money they spent lobbying against the consolidation plan. Martin's rationale is that these groups receive their funding from municipalities and school districts in the form of membership payments that taxpayers ultimately are making. So, he said, these groups may have used tax money to oppose a plan that would save tax money. The groups are responding by saying they've done nothing wrong and they are startled by Martin's tactic and criticism.
There are some ironies here. For starters, powerful legislators rarely use FOA laws to get data. They have other means at their disposal, including questions at committee meetings, private letters and telephone calls, and reviewing lobbying-disclosure forms when they come in. FOA requests come from frustrated citizen and lobbying groups, and from the media, when they feel the government has information that would explain something, but that information hasn't been made available. On the national level, genealogists use Freedom of Information requests routinely. In Maine, George Smith of the Sportsman's Alliance of Maine is one of the FOA's biggest supporters because his group at times questions various state agencies.
The MMA and MSBA are very influential among state legislators, as many of our lawmakers get started in politics by being elected municipal leaders and school committee members. Much of their training on FOA laws and a vast array of legislative and public-policy issues come from the MMA and MSBA during their earlier, political careers. So it is interesting that an influential lawmaker is tackling two groups that are among the most influential at the Statehouse -- in dealing with lawmakers who they know well.
It is also worth noting that legislators don't always negotiate in public. Some critics say the recently passed state budget (which included the school plan) wasn't aired enough. That charge is being leveled at a tax-reform package currently being debated. Martin probably has been party over the years to his share of quietly brokered, yet very important, agreements.
Finally, when journalists do fight open-records denials and executive sessions held at the local-government level, it is not uncommon for the MMA to represent the municipality in trying to keep a report, some facts, or an excecutive-session conversation confidential. I don't mean to sound criticial of these groups. I am sure the MMA and MSBA help our local leaders invaluably by teaching them about hiring and recruiting, regulatory issues, making budgets and much more. But it is intriguing to see a top legislator fight these groups on FOA grounds when it's something journalists also do on occasion.
Here are links to Susan Cover's Sunday story on this issue and the Kennebec Journal and Morning Sentinel editorial that followed:
Martin queries lobby tactics
Hardball politics from the master
Here are links to the MMA and MSBA Web sites:
MMA
MSBA