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Gov. Whitmer issues executive order on transparency

LANSING — Gov. Gretchen Whitmer on Friday took steps to begin making the government more transparent, according to a statement from her office.

Whitmer signed Executive Directive 2022-3, which requires State of Michigan departments to accept credit card payments for any fees associated with the production of records under the Freedom of Information Act (FOIA). This directive builds on efforts spearheaded by Attorney General Dana Nessel and her late Communications Director Kelly Rossman-McKinney to promote transparency, the release states.

In March, 2021, Nessel unveiled a legislative agenda aimed at increasing government transparency, the Detroit Free Press reported at the time. The Free Press stated that her announcement came at the beginning of Sunshine Week, an initiative of the News Leaders Association to promote open government, and followed the discovery of confidentiality clauses contained in separation agreements between former state officials and the governor’s office that have sparked calls for increased transparency.

“This executive directive furthers transparency and openness in state government,” Whitmer said in her Friday statement, “making it easier for any (Michigan resident) to access department records. Effective immediately, all State of Michigan departments are required to begin modifying their systems to accept credit card payments for any fees associated with the production of records under FOIA. We will continue getting things done and ensure we make improvements whenever possible.”

In executive directive 2019-11, signed in her second month in office, she directed all departments to make the process of requesting public records under the Freedom of Information Act user-friendly.

FOIA gives people the right to receive copies of or inspect most public records of public bodies upon request. In some cases, FOIA authorizes a government department to charge a fee to facilitate the delivery of the requested records. Friday’s executive directive streamlines the payment of any fees associated with accessing records by directing departments to accept credit card payments rather than requiring more cumbersome forms of payment, such as a check, states the release from her office.

But while the executive directive requires departments to accept credit card payments for FOIA requests, it stopped short of ordering MI departments to comply with requests from Michigan residents.

The Center for Public Integrity in 2015, released a report stating that Michigan ranked 50th in the nation for Executive, Legislative and Judicial accountability, 43rd for lobbying disclosure, 47th for ethics enforcement agencies and 47th for public access to information. Over all, Michigan ranked dead last for transparency and accountability.

In Nov. 2021, then Secretary of State Jocelyn Benson released her “From Worst to First: agenda to reform state ethics and transparency laws and practices, the Free Press reported at the time:

Benson’s legislative agenda included the following:

— Expand the Freedom of Information Act to apply to the governor and the Legislature.

— Require personal financial disclosures from elected officials.

— Require more frequent campaign disclosures.

— Require PACs, Super PACs and other committees to report all receipts and disbursements.

— Create a threshold definition for electioneering in the Michigan Campaign Finance Act.

— Tighten LLC reporting requirements so secret and foreign money does not enter Michigan elections .

— Ban foreign money in Michigan elections.

— Establish a two-year waiting period before elected officials leaving office can work as a lobbyist.

— Require former state lawmakers working as legislative consultants to register as lobbyists.

— Ban companies that receive state grants or contracts from making political contributions.

— Enforce conflict of interest disclosure requirements.”

Friday’s statement from Whitmer’s office stated that the governor has taken several steps to increase government transparency and accountability. She established high standards of ethical conduct for employees within the executive branch including all department directors and appointees, required reporting of irregularities relating to public money or property, banned the solicitation and receipt of political contributions in state government facilities, and prohibited the use of private email for the conduct of state business, among other actions.

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