House bills would increase legislative transparency, remove FOIA exemptions for Michigan governor

(The Center Square) – The Michigan House of Representatives Oversight Committee convened Thursday morning to discuss a package of transparency bills.

Front of committee members’ minds was the secrecy surrounding the recent payouts to former members of Gov. Gretchen Whitmer’s administration. Passage of House Bills 4383-4392 would go a long way to increase government transparency, Rep. Ryan Berman, R-Commerce, said in his testimony before the committee.

Former Michigan Department of Health and Human Services Director Robert Gordon was handed a check for $155,506 (the equivalent of nine months of the director’s pay), a benefit package, and a confidentiality agreement after he resigned on Jan. 22. Gordon was invited to testify before the committee, but did not respond to the invitation, according to Oversight Committee Chairman Rep. Steve Johnson, R-Wayland.

In addition to Gordon’s payout, former Unemployment Insurance Agency Director Steve Gray resigned in November, walking away with a check for $76,626, another $9,246 for his attorneys, and his own confidentiality agreement.

A third former administration employee, MDHHS Deputy Director Sarah Etsy, was paid approximately $11,600, but did not sign a confidentiality agreement.

“We’re not talking about some low-level bureaucrat with a standard severance agreement,” Johnson said. “No, we’re talking about the top health official in the state of Michigan resigning in the middle of a health pandemic, and signing an agreement saying that they can’t say anything.”

Johnson added he was equally concerned with the similar agreement between the governor and UIA Director Gray.

“This is the same agency that failed to provide unemployment benefits for countless Michiganders, and when he left his job he got a $90,000 payday on the way out. I’m sure there’s a lot of unemployed Michiganders that would have loved to have that deal.”

Johnson said the payouts and secrecy agreements highlight the necessity for improved transparency in the state’s executive and legislative branches.

“That is why I think it’s perfect timing for the bill package that we have before us today, which is both Republicans and Democrats, this is not a partisan bill whatsoever,” he said.

Berman noted the bill package under consideration of the committee was passed during the last legislative session. Berman is co-sponsor of all the bills in the package and author of HB 4383.

HB 4383 would establish the Legislative Open Records Act (LORA), which would function in much the same fashion as the Freedom of Information Act (FOIA) for legislators.

HB 4386 would eliminate FOIA exemptions for the offices of governor and lieutenant governor. Currently, Michigan is only one of two states the exempts the governor’s office from FOIA requests.

Other bills in the package would create an appeals process for LORA and FOIA denials or exorbitant charges. Some exceptions would be allowed from LORA and FOIA requests under HB 4389, HB 4391 and HB 4392.

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