LANSING, Mich. (Michigan News Source) – Michigan’s open records laws have long had a glaring loophole: the governor’s office is completely exempt. Yes, the same state that requires small-town clerks to hand over emails about potholes gives the governor a “Get Out of Transparency Free” card. It’s a system ripe for abuse, and critics argue it makes Michigan’s FOIA laws about as transparent as a blackout curtain.

Legislative shuffle or serious reform?

State lawmakers have flirted with the idea of fixing this issue for years, proposing bills to finally bring the governor and legislature under FOIA’s watchful eye. This lame duck session, talk of the bipartisan bills have surfaced again, but they’re moving at the speed of a DMV line on a Monday morning.

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According to the Detroit News, Michigan Sen. Jeremy Moss (D-Southfield) has reignited the call for accountability and is calling on his colleagues to give the final nod to bills that would allow the governor’s office to be under the FOIA umbrella. But will he be able to light a fire under Lansing, or is this just another round of FOIA theater?

Moss and State Sen. Ed McBroom (R-Vulcan) co-sponsored legislation in the Senate which passed back in June with a 36-2 vote that would have subjected the governor and her staff, state senators and representatives in the House to be subject to the Freedom of Information Act (FOIA). Even if the legislation passed, the governor and the legislature would still have loopholes to hide communications.

At the time the legislation was voted on, Moss said, “I cannot underscore enough how important this legislation is to change the institutions in Lansing and build trust between us and the constituents we serve.”

With Democratic Speaker Joe Tate (D-Detroit) staying mum on whether this legislation will get a hearing or make it to the floor for consideration before year’s end, Michigan’s government transparency looks as murky as ever.

What Does Whitmer Have to Hide?

Governor Gretchen Whitmer has often championed herself as a leader of accountability, but her track record on transparency raises eyebrows. From her administration’s COVID-19 nursing home data secrecy to the behind-closed-doors decision-making on megasite projects, Whitmer’s office has benefited from staying in the shadows.

The governor has yet to fully embrace the proposed changes, making some wonder if the FOIA exemption is less about practicality and more about keeping inconvenient truths under wraps – especially if she’s planning to run for president in 2028.

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In March of this year, State Rep. Jay DeBoyer (R-Clay Township) said that Whitmer flat-out “lied” about wanting to make the governor’s office subject to FOIA law. Promising during her 2018 gubernatorial campaign that she was all for it, no law has been passed yet. DeBoyer said, “If it was

not an intentional deception to trick voters, then Gov. Whitmer should explain to the public why she has not kept her word.”

Will 2024 be the year of FOIA freedom? Or 2025? Or ever?

As these bills await their fate, the question remains: Will Michigan finally join the 48 states where governors don’t get a free pass? Or will this reform effort join the long list of FOIA bills that died a quiet death in committee?

Voters, taxpayers, and watchdog groups are watching Michigan lawmakers – and Speaker Tate – closely. House Republican Leader Matt Hall (R-Richland Township) says he’d vote for the legislation if it’s brought up. Traverse City Democratic Rep. Betsy Coffia says the same thing. But whether it’s brought up and taken to the finish line by the end of the year is in serious doubt.

And while the legislature dithers, Michigan residents are left with a transparency gap big enough to drive a gubernatorial motorcade through it.

If the state’s leaders are serious about accountability, they’ll pass these reforms and show that no one – not even the governor – is above scrutiny.