State GOP seeks closed meetings

BOISE – Senate Republican leaders want to change Senate rules to allow closed committee meetings for any reason.

In an open caucus Friday, Democrats discussed the rules changes that will be proposed next week in the Senate Rules and Judiciary Committee – and expressed concerns.

“Good business is business done in the open,” said Sen. Clint Stennett, D-Ketchum. “We should put sunshine on everything we do.”

The changes would amend a section of Senate rules that now say committee meetings can be closed for specific reasons, though the impact of those rules is in dispute. The GOP leaders also want to get rid of another section of the internal Senate rules that says when a rule is inconsistent with state law or a constitutional provision, the rule defers to law or the constitution.

Senate Majority Leader Bart Davis said closed committee meetings should rarely, if ever, occur. However, he said the Senate can set its rules as it wishes and need not abide by state statutes like the Idaho Open Meeting Law. That law forbids all closed meetings of legislative committees.

“The Senate has the right to set its own rules,” Davis said. “There have been periods of time in the past when the Legislature has appeared to misunderstand rule making.”

Because Davis plans to present the changes to the Judiciary Committee, only a simple majority is needed instead of the usual two-thirds majority to enact the change.

In the last two sessions, various committees met in closed sessions more than half a dozen times. The Legislature has been sued by the Idaho Press Club, which contends the closed meetings violate the state constitution. A hearing in the lawsuit is coming up next week.

Several Democratic senators raised the issue of public trust regarding the internal rules. If lawmakers are able to meet behind closed doors, the public will not be a part of the political process, they said.

“It’s a huge issue,” said Sen. David Langhorst, D-Boise. “The majority of the public doesn’t trust the Legislature now.”

The Democratic caucus invited attorneys for the Idaho Press Club and former lawmaker and longtime legislative rules expert Darrell Manning to discuss the rule changes and their impact.

Manning said whether or not the rules are changed, “the constitution trumps everything.”

Attorney Allen Derr, who’s representing the Press Club in the suit, said he considers taking out the provisions about deferring to state law and the constitution “remarkably brazen.”

The Press Club is a group of Idaho radio, newspaper and television reporters that filed suit over the meetings last May.