COMMENTARY: There’s a strong chance the debate over how much secrecy Spaceport America gets will end up in court.
State lawmakers approved legislation Thursday that allows the spaceport to shield from the public some information about customers, such as trade secrets. After a session of hot debate, amendments convinced the N.M. Foundation for Open Government to drop its opposition to the bill. Then it sailed through to approval.
Heath Haussamen
But there appear to be differing interpretations of how much secrecy the final bill allows.
The spaceport’s CEO, Dan Hicks, sought legislation that would let his agency keep all information about customers secret – including lease agreements, rent payments and even companies’ identities. Open-government advocates, meanwhile, have said information like companies’ identities and rent and fees should be public.
That’s because the facility is publicly owned and was built with a mix of state appropriations and local tax increases in Doña Ana and Sierra counties.
Transparency advocates believe the version of the bill that passed the Legislature, which awaits action by Gov. Susana Martinez, would keep some of that information public. But Hicks said he believes the bill could still allow the spaceport to keep information like leases and company identities secret. If the governor signs the bill, there may be disagreement over its implementation.
This debate is playing out in the context of how the spaceport has treated requests for information in the past. Even without the pending bill on the books as law, the spaceport has withheld information including how much some companies are paying in rent and fees and where at the spaceport they’re operating.
I contend that’s illegal. I filed complaints with the state attorney general in September, which are pending.
This matters. New Mexicans funded this project. It’s our spaceport, and we have a duty to evaluate its success.
The N.M. Inspection of Public Records Act is based on the premise that “all persons are entitled to the greatest possible information regarding the affairs of government.” That’s because, the law states, “a representative government is dependent upon an informed electorate.”
Our state’s success depends on us knowing what our government is doing and being able to help formulate public policy that makes sense. Exemptions that allow secrecy must be rare.
On the other hand, the well-funded commercial space industry is hyper-competitive. Some companies are demanding total secrecy to protect proprietary information or they won’t do business in New Mexico.
There’s real tension in this debate. It’s difficult to find the appropriate balance.
The debate has wide-ranging implications. If companies doing business at the spaceport get such secrecy, what’s next? Will Twitter construct a facility next to Facebook in Los Lunas in a few years, without us getting to know that the building under construction is Twitter’s? If the spaceport gets total secrecy, expect pressure on the Legislature to expand that protection to other areas of economic development.
I want the spaceport to succeed. Our state is desperate for good-paying jobs. I’d like to see New Mexico build a stronger economy so our children have the choice to stay here after college.
The debate over secrecy is a healthy part of a process that will hopefully help that happen.
But given the differing interpretations of this bill and the spaceport’s problematic transparency track record, I don’t think action by the Legislature or governor will end this debate.
My best guess is that the courts will ultimately have to decide how much secrecy state law grants Spaceport America.
Heath Haussamen is NMPolitics.net’s editor and publisher. Agree with his opinion? Disagree? We welcome your views. Learn about submitting your own commentary here.