It was a pitch from the Republicans – especially Jim Douglas – for votes for Brian Dubie; that you can’t have a Democrat as Governor if Democrats are also the majority in the legislature. And it resonated with enough of the media that I was asked about it on Vermont Edition before Election Day. Implicit in the argument was the suggestion that a certain amount of stasis in government is needed, which is an odd argument considering the times.

Here’s a not-insignificant piece of evidence as to what can be done with the uncharacteristically non-antagonistic relationship currently enjoyed by leg leadership and the Governor. From a press release:

Gov. Peter Shumlin, Speaker Shap Smith, Senate President Pro Tem John Campbell and lawmakers unveil government transparency plan

[…] Among the significant provisions, the legislation would give the public records law more ‘teeth’ by designating a state office to enforce the law, and make it easier for those wrongly denied public records to recover attorney fees if they have to go to court to get access.

[…] The plan includes two parts. The first, an executive branch change, requires awareness throughout state government of the need to provide public information and training on how to comply with the open records law.

“The single biggest complaint we’ve heard is not that the law as written doesn’t go far enough,” the Governor said. “It’s that in some cases state employees have not complied with the spirit or letter of the law as written, often due to inadequate training.”

[…] Secondly, the administration has been working with lawmakers to develop a public records bill to ensure the state follows the letter of the law in providing public information. One of the key provisions of the legislation would designate a state office that has the authority to review disputes about public records requests and to issue binding orders.

In addition, the legislation would:

o   Bring together stakeholders from across the spectrum to engage in a serious, individualized review of the more than 200 exemptions built into our public records law.

o   Eliminate search time fees, whether requests for copies or inspection, for all requests that take no more than two hours to compile, while keeping those fees for the most onerous requests for copies or inspection-about 2 percent of all requests.

o   Make it clear that when the state denies a request for a public record, the burden is on the state to show that the denial is warranted.

o   Provide that if a public agency appeals an order, the person who requested the records is presumed to be entitled to attorney’s fees if he or she goes to court and wins.

“The combination of administration training and legislative changes should ensure that almost all requests for state documents are handled promptly and at no charge to the public, other than the cost of state-worker time,” Gov. Shumlin said. “And the very small number of requests that could cost taxpayers inordinate sums will be handled in a different – but fair — manner.”