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Open Government in Delaware?
 
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tspong
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Joined: Fri Aug 24th, 2007
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 Posted: Mon Jun 29th, 2009 05:07 pm
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What do you think?

From the Delaware State News:

Key state committee opens doors


Public can now see how powerful Joint Finance panel operates


By Tom Eldred


Delaware State News


DOVER — Deep in the bowels of Legislative Hall, past the public cafeteria, a modest entryway leads to an equally modest meeting room.


It is here — grouped around a horseshoe-shaped work table — that one of the most powerful financial tools in Delaware government meets at specified times during the year to craft the annual state budget bill.


The tool is the legislative Joint Finance Committee, made up of 12 carefully selected lawmakers from the House of Representatives and Senate.


In the past, the JFC typically met behind closed doors to do much of the latter portion of its work, except actual votes taken. But thanks to open-government legislation passed by the legislature and signed into law by Gov. Jack A. Markell on June 12, all the inner workings of the panel suddenly became public.


The change came almost immediately after the JFC, still negotiating in private, voted to slash Gov. Markell’s requested 8-percent pay cut for state workers down to 2.5 percent for fiscal year 2010, beginning July 1.


"This was a place where people could be open about their feelings and thoughts," state Controller General Russell T. Larson said of JFC sessions before the open-government law took effect. "I wouldn’t say a lot has changed. People might have been more vocal; perhaps they’re a bit more muted now. I think being open tempers things a bit."


But Mr. Larson acknowledged that discussing the hotly controversial pay cut for state employees might easily have produced a horse of a different color had JFC deliberations been open to the public.


"If we had had to go through negotiations on the pay cut in a completely open environment, it could have been a very different discussion, and a difficult one at that," he said.


How the process works


Late in the year, usually between September and November, the state budget office receives budget requests from state agencies, holds public hearings and begins work on developing the governor’s proposed budget for the coming fiscal year. The budget by law must be balanced at 98 percent of projected revenues, and is based in large part by periodic revenue projections made by the Delaware Financial and Economic Advisory Council.


After the governor presents the proposed budget to the General Assembly in January, the massive document goes to the Joint Finance Committee. The panel then schedules its own hearings for all departments, in public, and including public testimony.


As May moves into early June, the JFC, together with the controller general’s office and later with the budget office, begins "marking up" the proposed spending plan, again taking into account periodic DEFAC revenue projections. As those projections raise or lower, the JFC makes adjustments.


This year, as in previous years, the JFC met in closed "orientation" sessions prior to the new open-government law, emerging in public only to take individual line-item votes. While public scrutiny of the orientation sessions was prohibited, outsiders often assumed major decisions were made behind closed doors.


After budget mark-up, the panel typically drafts what is known as "epilogue language" into the proposed budget. Once complete, the entire package shifts upstairs for the full General Assembly to consider by July 1. The epilogue in the current year’s spending plan spans 181 pages.


"Epilogue language is kind of a road map to the expenditures section of the budget," Mr. Larson said. "That section really doesn’t say how the money will be spent. It’s also a bit of a restriction. The JFC will decide something but may not know the final game plan. It must be approved by the (budget office) and the controller general. Later there may be minor adjustments that don’t require a vote that we’ll take care of. Every once in a while, there’s a larger mistake that needs to be taken care of. I’ll get on the phone with each committee member to correct that."


Mr. Larson has been controller general since 1996, after serving as deputy controller for 11 years.


"I am the equivalent to the budget director who works for the governor," he said. "I report to the 12 members of the JFC, as well as all 62 members of the General Assembly. They rely on me; I rely on my staff. My job is to make recommendations and point out problems and solutions."


Veterans and newcomers


JFC vice-chair Sen. Nancy W. Cook, D-Kenton, has served almost continuously on the JFC since 1981, often as chair. "I’ve been co-chair with nine men," she says, smiling.


The current chair, Rep. Dennis P. Williams, D-Wilmington North, has been a panel member for nine years.


"What (the public) has observed since the open-government law went into effect is exactly what we do in orientation," she said.


"It’s primarily to get information from the staff. It’s different this year because the administration is playing a greater role than usual. First we had the budget from the Minner administration, but revenues have changed drastically since she drafted that budget."


Rep. Williams, a retired Wilmington police officer, reflected on the new law.


"I was pensive when this bill was passed," he said. "But I just keep on being who I am, just doing my job. You have to respect each committee member, give each one a chance to speak. But when it begins to get repetitive, it’s kind of like herding sheep — you’ve got to keep them all in order."


Rep. Melanie George Marshall, D-Bear/Newark, is a one of several new members on the JFC panel. She’s quick to speak up on issues large and small.


"I am really excited," she said. "You really get to see every nook and cranny of state government. It’s also helping me to learn what resources are available to my constituents. The staff is great. When we ask questions, they’re very good at getting back to us. There’s a lot of accountability here and I feel like I’m getting the answers I need."


Rep. Marshall said conforming to the open government law seems "natural."


"It seems like such an easy fit," she said. "I think it’s really a good thing for people to see (from the inside) why things are so bad right now with the economy. This is important; we’ve almost gotten to the place where we forget the press is even here."


Rep. Joseph W. Booth, R-Georgetown, is another JFC newcomer, having participated before and after the new law.


"I think it will take some getting used to," he said. "I think if anything it may help speed up the process. Last week, before the law went into effect, we went one time for hours without taking a vote!"


Sen. Bruce Ennis, D-Smyrna, is also new to the JFC.


"I think the open meeting law may temper some of the arguments," he said. "But I think it’s a good thing. It’s the public’s right to know."


Senior news editor Tom Eldred can be reached at 741-8212 or at teldred@newszap.com.


 


JFC members


The Legislative Joint Finance Committee
consists of the following members for 2009.


Rep. Dennis P. Williams, D-Wilmington North (Chair); Rep. Joseph W. Booth, R-Georgetown; Rep. James Johnson, D-New Castle; Rep. Melanie George Marshall, D-Bear/Newark; Rep. Joseph E. Miro, R-Newark; Rep. John L. Mitchell, D-Elsemere; Sen. Nancy W. Cook, D-Kenton (Vice Chair); Sen. Bruce Ennis, D-Smyrna; Sen. Margaret Rose Henry, D, Wilmington East; Sen. David B. McBride, D-Hawk’s Nest; Sen. Catherine L. Cloutier, R-Wilmington; Sen. Dorinda A. Connor, R-New Castle.


 

tspong
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 Posted: Tue Jun 23rd, 2009 04:21 pm
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Copied below is a guest commentary submitted to the Delaware State News. You can post your opinions by clicking on "Reply."

 



By Michael Heyman


Media accounts of the euphoria over passage of Open Government legislation overlooked critical information about the chronology and players that made it happen. The importance of the public’s contribution deserved more than a passing anecdote. It was no coincidence that every newly elected legislator in the General Assembly ran on a strong Open Government platform. It wasn’t that candidates were more enlightened than in previous years. What was different was that for the first time ever voters and organizations like the League of Women Voters demanded it. Sen. Karen Peterson, Open Government’s resilient leader, would not have been in the position of strength she was in without the support of an informed, steadfast public.


This civic activism began well before the November elections. It sprang in to being last year at a public forum in New Castle and spread quickly to every corner of the state. The citizens from New Castle, Newark, Wilmington, and Townsend who braved the biggest snowstorm of the year to attend became the first foot soldiers in Sen. Peterson’s 7-year war for Open Government.


Until then the battleground was limited to the secure surroundings of Legislative Hall where for years the repressive Old Guard kept legislators in line by invoking their unbridled powers. The speakers at the forum, Sen. Peterson and Sen. Dori Connor (R-New Castle), asked the people there for their help. They received it in a big way.


The New Castle City Council, at the urging of its citizens, became the first city council in the state to pass a resolution in support of Open Government. This had a domino effect as city councils and organizations throughout Delaware passed similar resolutions. Citizens in New Castle walked door to door to enlist their neighbors to write letters and emails in support of Open Government. Soon citizens everywhere began writing letters to their newspapers and pestered their legislators with phone calls, letters, and emails urging them to support Sen. Peterson’s legislation or else face the wrath of the electorate at election time. Each letter, each call, each email was important because joined together they created the political environment that doomed the status quo in Dover, and sowed the seeds for passage of HB 1. By the time the General Assembly convened the momentum for HB 1 was unstoppable, notwithstanding the connivance of a few obstinate senators. In the end, Sen. Peterson and Sen. Connor needed us just as much as we needed them. The enactment of Open Government legislation was a great team effort and an even greater team victory.


The lessons learned in the process should be obvious to friends and foes alike. The swiftness with which a progressive grassroots movement can blossom is now undeniable. With the leadership of resolute, principled allies in the General Assembly, what this public unity can accomplish is nothing short of "sky’s the limit". The next time a president pro tem contemplates using the notorious desk drawer veto to obstruct legislation not to their liking, it would be wise to remember the irony of how this remnant of a dying era was used to rally citizens to support reform in Dover. And from now on legislators will think twice before making themselves immune from obeying a law that they themselves write. City and county councils were especially irked by the hypocrisy that they were forced to comply with the FOIA while the General Assembly gave itself a pass. From now on, what’s good for the goose had better be good for the gander.


Some never-say-die senators-Venables, DeLuca, Adams, Simpson, and Cook-went down with the ship, still believing in their shared delusion that there was no need to shine a light on meetings in their Fortress Dover. There needs to be fresh leadership in both parties as soon as possible. At election time voters will no doubt take out their scorecards to remind themselves who was with them and who was against them. The next election cycle could be very entertaining, no matter how entrenched and formidable the Old Guard might be. It’s way past time they were given the heave ho so that we can bring the General Assembly kicking and screaming into the 21st century.


Citizens of our state should be proud of their contributions to the long overdue passage of Open Government legislation. It could never have happened without you.


Michael Heyman


Editor’s note: Mr. Heyman is director of communications for Delawareans for Open Government. He is a resident of New Castle.

Lavitakus
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 Posted: Tue Jun 9th, 2009 08:22 pm
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Although I understand the gripe, I don't know that I want private media "investigating" anything unti I find out who is paying for the questions.

TruthwillOut
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 Posted: Tue Jun 9th, 2009 03:00 pm
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this shouldnt get buried and you all should read it.

"Its not the law" Love this guy

Two Cents
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 Posted: Mon Jun 8th, 2009 05:16 pm
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This news article provides an interesting perspective on the subject of "OPEN GOVERNMENT" which still does not exist in Delaware.   Probably never will, in truth.

http://www.delawareonline.com/article/20090608/NEWS/90608018&referrer=FRONTPAGECAROUSEL


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