{"id":99380,"date":"2015-11-10T09:29:54","date_gmt":"2015-11-10T16:29:54","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=99380"},"modified":"2015-11-10T09:30:42","modified_gmt":"2015-11-10T16:30:42","slug":"only-three-states-score-higher-than-d-in-state-integrity-investigation-11-flunk","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2015\/11\/only-three-states-score-higher-than-d-in-state-integrity-investigation-11-flunk\/","title":{"rendered":"Only three states score higher than D+ in State Integrity Investigation; 11 flunk"},"content":{"rendered":"<p>In November 2014,\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18337\/arkansas-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Arkansas<\/a>\u00a0voters approved a ballot measure that, among other reforms, barred the state\u2019s elected officials from accepting lobbyists\u2019 gifts. But that hasn\u2019t stopped influence peddlers from continuing to\u00a0<a href=\"http:\/\/www.arktimes.com\/ArkansasBlog\/archives\/2015\/01\/29\/the-big-swill-it-includes-unpublicized-dining-with-lobbyists\" target=\"_blank\">provide meals to lawmakers<\/a>\u00a0at the luxurious Capital Hotel or in top Little Rock eateries\u00a0like the Brave New Restaurant; the prohibition does not apply to \u201cfood or drink available at a planned activity to which a specific governmental body is invited,\u201d so lobbyists can buy meals so long as they invite an entire legislative committee.<\/p>\n<div id=\"attachment_54908\"  class=\"wp-caption module image alignleft\" style=\"max-width: 336px;\"><a href=\"https:\/\/www.flickr.com\/photos\/pictures-of-money\/17123251389\/in\/photolist-s6895e-chEwR9-bH1iX8-bt4mNt-42PQoC-a2YSa6-62QVKf-bta55K-dB7F8e-dK2oa7-aFDjPB-aYWk56-aFATbM-aFAaK6-aFAQEv-snzAJp-QxcaH-s4fksR-cMnty-bZvUDS-bta3kH-brd1K2-62LFqP-dTUAhR-5p8w8o-7jm7SP-8F5t1j-dSZe91-dUSc9a-a5SwX-dSK3tm-biaRHp-68vjKV-68zxeQ-9C9vCS-aFAPtx-9ZA9J6-cXNz15-9kJxyv-b6MUJK-68zxij-aFDkRt-aFDet2-bDwJ11-5DfGXv-bmm93i-55FLSR-aFDcrg-bf3Nge-nQZguc\" target=\"_blank\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-54908 size-medium\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money-336x216.jpg\" alt=\"&quot;We can't stop PAC money,&quot; said Heather Ferguson, who manages Common Cause New Mexico's money-in-politics campaigns. But a well-designed public financing can give candidates the tools to engage with voters in a way that keeps them competitive, she said. (photo cc info)\" width=\"336\" height=\"216\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money-336x216.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money-768x494.jpg 768w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money-771x495.jpg 771w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money-1170x752.jpg 1170w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money-780x500.jpg 780w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2015\/05\/Money.jpg 1500w\" sizes=\"auto, (max-width: 336px) 100vw, 336px\" \/><\/a><p class=\"wp-media-credit\">Pictures of Money \/ Creative Commons<\/p><p class=\"wp-caption-text\">New Mexico tied for 34th in this year&#8217;s State Integrity Investigation. (<a href=\"https:\/\/creativecommons.org\/licenses\/by-sa\/4.0\/\" target=\"_blank\">photo cc info<\/a>)<\/p><\/div>\n<p>Such loopholes are a common part of statehouse culture nationwide, according to the 2015\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015\" target=\"_blank\">State Integrity Investigation<\/a>, a data-driven assessment of state government by the Center for Public Integrity and Global Integrity. The comprehensive probe found that in state after state, open records laws are laced with exemptions and part-time legislators and agency officials engage in glaring conflicts of interests and cozy relationships with lobbyists.<\/p>\n<p>Meanwhile, feckless, understaffed watchdogs struggle to enforce laws as porous as honeycombs.<\/p>\n<p>Take the\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18442\/missouri-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Missouri<\/a>\u00a0lawmaker who introduced a bill this year \u2014 which\u00a0<a href=\"http:\/\/www.columbiatribune.com\/news\/politics\/house-overrides-veto-of-bill-blocking-local-plastic-bag-bans\/article_c8ba46e4-2ae0-5995-8248-3ec02b8e57a3.html\" target=\"_blank\">passed despite a veto by the governor<\/a>\u00a0\u2014 to prohibit cities from banning plastic bags at grocery stores. The state representative cited concern for shoppers, but he also happens to be state director of the Missouri Grocers Association, and is just one of several lawmakers in the state who pushed bills that synced with their private interests.<\/p>\n<p>Or the lobbyist who, despite a $50 cap on gifts to\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18377\/idaho-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Idaho<\/a>\u00a0state lawmakers,\u00a0<a href=\"http:\/\/www.sos.idaho.gov\/elect\/lobbyist\/2013\/Annual\/Smyser_CA.pdf\" target=\"_blank\">spent $2,250<\/a>\u00a0in 2013 to host a state senator and his wife at the annual Governors Cup charity golf tournament in Sun Valley; the prohibition does not apply to such lobbying largess as long as the money is not spent \u201cin return for action\u201d on a particular bill.<\/p>\n<p>In\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18357\/delaware-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Delaware<\/a>, the Public Integrity Commission, which oversees lobbying and ethics laws for the executive branch there, has just two full-time employees. A\u00a0<a href=\"http:\/\/media.dsba.org\/pdfs\/Chief_Justice_Veasey_Report.pdf\" target=\"_blank\">2013 report<\/a>\u00a0by a special state prosecutor found that the agency was unable \u201cto undertake any serious inquiry or investigation into potential wrongdoing.\u201d<\/p>\n<aside class=\"module align-left half type-aside\">\n<h3>About this article<\/h3>\n<p>This story is from the Center for Public Integrity, a nonprofit, nonpartisan investigative news organization in Washington, D.C. It is part of\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015?utm_campaign=syndication&amp;utm_source=yahoo-news&amp;utm_medium=taxonomy-link\" target=\"_blank\">State Integrity 2015<\/a>. How do each state&#8217;s laws and practices deter corruption, promote transparency and enforce accountability?\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015?utm_campaign=syndication&amp;utm_source=yahoo-news&amp;utm_medium=taxonomy-link\" target=\"_blank\">Click here<\/a>\u00a0to read more stories in this investigation.\u00a0This article draws on reporting from State Integrity Investigation\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/10\/14\/18317\/state-integrity-2015-reporters\" target=\"_blank\">reporters in all 50 states<\/a>.<\/p>\n<p>Also see:\u00a0<a href=\"http:\/\/www.nmpolitics.net\/index\/2015\/11\/new-mexico-gets-d-grade-in-2015-state-integrity-investigation\/\" target=\"_blank\">New Mexico gets D- grade in 2015 State Integrity Investigation<\/a><\/p>\n<\/aside>\n<p>And in\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18472\/new-mexico-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New Mexico<\/a>, lawmakers passed a resolution in 2013 declaring that their emails are exempt from public records laws \u2014 a rule change that did not require the governor\u2019s signature. \u201cI think it\u2019s up to me to decide if you can have my record,\u201d one representative said.<\/p>\n<p>These are among the practices illuminated by the State Integrity Investigation, which measured hundreds of variables to compile\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/03\/18822\/how-does-your-state-rank-integrity\" target=\"_blank\">transparency and accountability grades for all 50 states<\/a>. The results are nothing short of stunning. The best grade in the nation, which went to\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18327\/alaska-gets-c-grade-2015-state-integrity-investigation\" target=\"_blank\">Alaska<\/a>, is just a C. Only two others earned better than a D+; 11 states received failing grades. The findings may be deflating to the two-thirds of Americans who,\u00a0<a href=\"http:\/\/www.nationaljournal.com\/big-questions\/Americans-Give-Up-Washington\" target=\"_blank\">according to a recent poll<\/a>, now look to the states for policy solutions as gridlock and partisanship have\u00a0overtaken Washington D.C.<\/p>\n<p>The top of the pack includes bastions of progressive government, including\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18342\/california-gets-c-grade-2015-state-integrity-investigation\" target=\"_blank\">California<\/a>\u00a0(ranked 2nd with a C-), and states notorious for corrupt pasts (<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18352\/connecticut-gets-c-grade-2015-state-integrity-investigation\" target=\"_blank\">Connecticut<\/a>, 3rd with a C-, and\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18512\/rhode-island-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Rhode Island<\/a>, 5th with a D+). In those New England states, scandals led to significant reforms and relatively robust ethics laws, even if dubious dealings linger in the halls of government. The bottom includes many western states that champion limited government, like\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18462\/nevada-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Nevada<\/a>,\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18522\/south-dakota-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">South Dakota<\/a>\u00a0and\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18567\/wyoming-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Wyoming<\/a>, but also others, such as\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18412\/maine-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Maine<\/a>,\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18357\/delaware-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Delaware<\/a>\u00a0and dead-last\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18427\/michigan-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Michigan<\/a>, that have not adopted the types of ethics and open records laws common in many other states.<\/p>\n<p>The results are \u201cdisappointing but not surprising,\u201d said\u00a0<a href=\"http:\/\/law.shu.edu\/Faculty\/fulltime_faculty\/Paula-Franzese.cfm\" target=\"_blank\">Paula A. Franzese<\/a>, an expert in state and local government ethics at Seton Hall University School of Law and former chairwoman of the\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18457\/new-jersey-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New Jersey<\/a>\u00a0State Ethics Commission. Franzese said that, with many states still struggling financially, ethics oversight in particular is among the last issues to receive funding. \u201cIt\u2019s not the sort of issue that commands voters,\u201d she said.<\/p>\n<p>With a few notable exceptions, there has been little progress on these issues since the State Integrity Investigation was\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2012\" target=\"_blank\">first carried out, in 2012<\/a>. In fact, most scores have dropped since then, though some of that is due to changes made to improve and update the project and its methodology.<\/p>\n<p>Since State Integrity\u2019s first go-round, at least 12 states have seen their legislative leaders or top cabinet-level officials charged, convicted or resign as a result of ethics or corruption-related scandal. Five house or assembly leaders have fallen. No state has outdone\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18477\/new-york-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New York<\/a>, where\u00a0<a href=\"http:\/\/www.citizensunion.org\/www\/cu\/site\/hosting\/Research%20Documents\/CU_Turnover_Research_Ethical_Misconduct_Updated_July_24_2015.pdf\" target=\"_blank\">14 lawmakers have left office<\/a>\u00a0since the beginning of 2012 due to ethical or criminal issues, according to a count by Citizens Union, an advocacy group. That does not include the former leaders of both the Assembly and the Senate, who were charged in unrelated corruption schemes earlier this year but remain in office.<\/p>\n<p><a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18477\/new-york-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New York<\/a>\u00a0is\u00a0not\u00a0remarkable, however, in at least one regard: Only one of those 14 lawmakers has been sanctioned by the state\u2019s ethics commission.<\/p>\n<h3>Grading the states<\/h3>\n<p>When\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2012\" target=\"_blank\">first conducted in 2011-2012<\/a>, the State Integrity Investigation was an unprecedented look at the\u00a0systems\u00a0that state governments use to prevent corruption and expose it when it does occur. Unlike many other examinations of the issue, the project does not attempt to\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/10\/14\/18313\/keeping-government-honest\" target=\"_blank\">measure corruption itself<\/a>.<!--more--><\/p>\n<p>The\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015\" target=\"_blank\">2015 grades<\/a>\u00a0are based on 245 questions that ask about key indicators of transparency and accountability, looking not only at what the laws say, but also how well they\u2019re enforced or implemented. The \u201cindicators\u201d are divided into 13 categories: public access to information, political financing, electoral oversight, executive accountability, legislative accountability, judicial accountability, state budget processes, state civil service management, procurement, internal auditing, lobbying disclosure, state pension fund management and ethics enforcement agencies.<\/p>\n<p><a href=\"https:\/\/www.publicintegrity.org\/2015\/10\/14\/18317\/state-integrity-2015-reporters\" target=\"_blank\">Experienced journalists<\/a>\u00a0in each state undertook exhaustive research and reporting to score each of the questions, which ask, for example, whether lawmakers are required to file financial interest disclosures, and also whether they are complete and detailed. The results are both intuitive \u2014 an F for\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18477\/new-york-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New York<\/a>\u2019s \u201cthree men in a room\u201d budget process \u2014 and surprising \u2014\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18382\/illinois-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Illinois<\/a>\u00a0earned the best grade in the nation for its procurement practices. All together, the project presents a comprehensive look at transparency, accountability and ethics in state government. It\u2019s not a pretty picture.<\/p>\n<h3>Downward trend, blips of daylight<\/h3>\n<p>Overall, states scored notably worse in this second round. Some of that decline is because of changes to the project, such as the addition of questions asking about \u201copen data\u201d policies, which call on governments to publish information online in formats that are easy to download and analyze. But the drop also reflects moves toward greater secrecy in some states.<\/p>\n<p>\u201cAcross the board, accessing government has always been, but is increasingly, a barrier to people from every reform angle,\u201d said\u00a0<a href=\"http:\/\/www.commoncause.org\/about\/staff-directory\/jenny-rose-flanagan.html\" target=\"_blank\">Jenny Rose Flanagan<\/a>, vice president for state operations at Common Cause, a national advocacy group with chapters in most states.<\/p>\n<p>No state saw its score fall farther than\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18457\/new-jersey-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New Jersey<\/a>, where scandal after scandal seems to have sunk Gov. Chris Christie\u2019s presidential aspirations deep into the muck of the state\u2019s brawling, back-scratching political history. New Jersey earned a B+, the best score in the nation, in 2012 \u2014 shocking just about anyone familiar with the state\u2019s politics \u2014\u00a0<a href=\"http:\/\/www.publicintegrity.org\/2015\/05\/01\/17182\/how-did-new-jersey-rank-tops-integrity\" target=\"_blank\">thanks to tough ethics and anti-corruption laws<\/a>\u00a0that had been passed over the previous decade in response to a series of scandals.<\/p>\n<p>None of that has changed. But journalists, advocates and academics have accused the Christie administration of fighting and delaying potentially damaging public records requests and meddling in the affairs of the State Ethics Commission. That\u2019s on top of Bridgegate, the sprawling scandal that began as a traffic jam on the George Washington Bridge but has\u00a0<a href=\"http:\/\/www.nytimes.com\/2015\/05\/02\/nyregion\/christie-ally-expected-to-plead-guilty-in-george-washington-bridge-lane-closing-case.html?_r=1\" target=\"_blank\">led to the indictments<\/a>\u00a0so far of one of the governor\u2019s aides and two of his appointees \u2014 one of whom pleaded guilty to conspiracy charges \u2014 and even to the\u00a0<a href=\"http:\/\/www.nytimes.com\/2015\/09\/09\/business\/united-ceo-port-authority-investigation.html\" target=\"_blank\">resignations of top executives<\/a>\u00a0at United Airlines. As a result of these scandals and others,\u00a0<a href=\"http:\/\/www.publicintegrity.org\/2015\/11\/09\/18457\/new-jersey-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New Jersey dropped to 19th place<\/a>\u00a0overall with a D grade.<\/p>\n<p>Admittedly, it\u2019s not all doom and gloom. Iowa created an independent board with authority to mediate disputes when agencies reject public records requests. Gov. Terry Branstad\u00a0<a href=\"http:\/\/www.publicintegrity.org\/2012\/05\/08\/8831\/iowa-governor-cites-state-integrity-investigation-bill-signing\" target=\"_blank\">cited the state\u2019s previous grade<\/a>\u00a0from the Center when he signed the bill, and the move helped catapult\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18392\/iowa-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Iowa<\/a>\u00a0to first in the nation in the category for access to information,\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18392\/iowa-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">with a C- grade<\/a>\u00a0(Iowa\u2019s overall score actually dropped modestly).<\/p>\n<p>In\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18367\/georgia-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Georgia<\/a>, good government groups latched on to the state\u2019s worst-in-the-nation rank in 2012 to amplify their ongoing push for reforms. The result was a modest law the following year that\u00a0<a href=\"http:\/\/www.publicintegrity.org\/2013\/05\/07\/12622\/impact-georgia-governor-signs-bills-limiting-gifts-lobbyists\" target=\"_blank\">created a $75 cap<\/a>\u00a0on the value of lobbyists\u2019 gifts to public officials. The change helped boost the\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18367\/georgia-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">state\u2019s score<\/a>\u00a0in the category of legislative accountability to a C-, sixth-best in the nation.<\/p>\n<p>Perhaps the most dramatic reforms came in\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18547\/virginia-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Virginia<\/a>, where scandal engulfed the administration of outgoing Gov. Robert McDonnell in 2013 after it emerged that he and his family had accepted more than $170,000 in loans and gifts, much of it undisclosed, from a Virginia businessman. McDonnell and his wife\u00a0<a href=\"http:\/\/www.nytimes.com\/2015\/01\/07\/us\/bob-mcdonnell-ex-governor-virginia-sentencing-corruption.html?_r=1\" target=\"_blank\">were later convicted<\/a>\u00a0on federal corruption charges, but the case underscored the state\u2019s woefully lax ethics laws and oversight regime; Virginia received an\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2012\/03\/19\/18223\/virginia-gets-f-grade-2012-state-integrity-investigation\" target=\"_blank\">overall F grade<\/a>\u00a0in 2012. At the time, there was no limit on the value of gifts that public officials could accept, and they were not required to disclose gifts to their immediate family, a clause that McDonnell grasped at to argue that he had complied with state laws. (Appeals of the McDonnells\u2019 convictions are pending.)<\/p>\n<p>Over the next two years, newly-elected Gov. Terry McAuliffe and lawmakers passed a series of executive actions and laws that eventually led, in 2015, to a\u00a0<a href=\"http:\/\/www.publicintegrity.org\/2015\/04\/24\/17229\/virginias-new-ethics-legislation-would-close-some-loopholes-skip-others\" target=\"_blank\">$100 cap on gifts<\/a>\u00a0to public officials from lobbyists and people seeking state business. They also created an ethics council that will advise lawmakers but will not have the power to issue sanctions. Advocates for ethics reform have said the changes, while significant, fall far short of what\u2019s needed, particularly the creation of an ethics commission with enforcement powers. Still, they helped push the\u00a0<a href=\"http:\/\/www.publicintegrity.org\/2015\/11\/09\/18547\/virginia-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">state&#8217;s grade up to a D<\/a>.<\/p>\n<p>States also continued to score relatively well in the categories for auditing practices \u2014 29 earned B- or better \u2014 and for budget transparency \u2014 16 got a B- or above (the category measures whether the budget process is transparent, with sufficient checks and balances, not whether it\u2019s well managed).<\/p>\n<p>In\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18377\/idaho-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Idaho<\/a>, for example, which earned an A and the second best score for its budget process, the public is free to watch the Legislature\u2019s joint budget committee meetings. Those not able to make it to Boise can watch by streaming video. Citizens can provide input during hearings and can view the full budget bill online.<\/p>\n<p><a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18477\/new-york-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New York<\/a>\u00a0earned the top score for its auditing practices \u2014 a B+ \u2014 because of its robustly-funded state comptroller\u2019s office, which is headed by an elected official who is largely protected from interference by the governor or Legislature. The office issues an annual report, which is publicly available, and has shown little hesitation to go after state agencies, such as in a\u00a0<a href=\"http:\/\/osc.state.ny.us\/press\/releases\/apr15\/042215.htm\" target=\"_blank\">recent audit<\/a>\u00a0that identified $500 million in waste in the state\u2019s Medicaid program.<\/p>\n<p>Unfortunately, however, such bright spots are the exceptions.<\/p>\n<h3>Access denied<\/h3>\n<p>In 2013, George LeVines\u00a0<a href=\"https:\/\/www.muckrock.com\/foi\/massachusetts-1\/controlled-substance-seizure-reports-massachusetts-state-police-5811\/\" target=\"_blank\">submitted a request for records<\/a>\u00a0to the\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18422\/massachusetts-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Massachusetts<\/a>\u00a0State Police, asking for controlled substance seizure reports at state prisons dating back seven years. LeVines, who at the time was assistant editor at Muckrock, a news website and records-request repository, soon received a response from the agency saying he could have copies of the reports, but they would cost him $130,000. While LeVines is quick to admit that his request was extremely broad, the figure shocked him nonetheless.<\/p>\n<p>\u201cI wouldn\u2019t have ever expected getting that just scot-free, that does cost money,\u201d he said. But $130,000? \u201cIt\u2019s insane.\u201d<\/p>\n<p>The cost was prohibitive, and LeVines withdrew his request. The Massachusetts State Police has become a notorious steel trap of information \u2014 it&#8217;s\u00a0charged tens of thousands of dollars or even, in one case,\u00a0<a href=\"https:\/\/www.bostonglobe.com\/metro\/2015\/07\/18\/often-national-leader-massachusetts-ranks-near-bottom-government-transparency\/HfjFvRd4RJI6QYIHBAobEP\/story.html\" target=\"_blank\">$2.7 million<\/a>\u00a0to produce documents \u2014 and was awarded this year with the tongue-in-cheek\u00a0<a href=\"https:\/\/www.ire.org\/awards\/golden-padlock\/\" target=\"_blank\">Golden Padlock award<\/a>\u00a0by a national journalism organization, which each year \u201chonors\u201d an agency or public official for its \u201cabiding commitment to secrecy and impressive skill in information suppression.\u201d<\/p>\n<p>Dave Procopio, a spokesman for the State Police, said in an email that the department is committed to transparency, but that its records are laced with sensitive information that&#8217;s exempt from disclosure and that reviewing the material is time consuming and expensive. &#8220;While we most certainly agree that the public has a right to information not legally exempt from disclosure,\u201d he wrote, \u201cwe will not cut corners for the purpose of expediency or economy if doing so means that private personal, medi[c]al, or criminal history information is inappropriately released.\u201d<\/p>\n<p>It\u2019s not just the police. Both the Legislature and the judicial branch are at least partly exempt from\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18422\/massachusetts-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Massachusetts<\/a>\u2019 public records law. Governors have cited a state Supreme Court ruling to argue that they, too, are exempt, though chief executives often comply with requests anyway. A review by\u00a0The Boston Globe\u00a0found that the secretary of state\u2019s office, the first line of appeal for rejected requests,\u00a0<a href=\"http:\/\/www.bostonglobe.com\/metro\/2014\/09\/13\/secretary-state-galvin-faces-criticism-for-keeping-government-secrets\/e70pa1N2jfwTzKQyrLMWSL\/story.html\" target=\"_blank\">had ruled in favor<\/a>\u00a0of those seeking records in only 1-in-5 cases. Needless to say, Massachusetts\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18422\/massachusetts-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">earned an F<\/a>\u00a0in the category for public access to information. But so did 43 other states, making this the worst performing category in the State Integrity Investigation.<\/p>\n<p>While every state in the nation\u00a0has\u00a0open records and meetings laws, they\u2019re typically shot through with holes and exemptions and usually have essentially no enforcement mechanisms, beyond the court system, when agencies refuse to comply. In most states, at least one entire branch of government or agency claims exemptions from the laws. Many agencies routinely fail to explain why they they\u2019ve denied requests. Public officials charge excessive fees to discourage requestors. In the vast majority of states, citizens are unable to quickly and affordably resolve appeals when their records are denied. Only one state \u2014\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18442\/missouri-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Missouri<\/a>\u00a0\u2014 received a perfect score on a question asking whether citizens actually receive responses to their requests swiftly and at reasonable cost.<\/p>\n<p>\u201cWe\u2019re seeing increased secrecy throughout the country at the state and federal level,\u201d said\u00a0<a href=\"http:\/\/journalism.arizona.edu\/david-cuillier\" target=\"_blank\">David Cuillier<\/a>, director of the University of\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18332\/arizona-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Arizona<\/a>\u2019s School of Journalism and an expert on open records laws. He said substantial research shows that the nation\u2019s open records laws have been poked and prodded to include a sprawling list of exemptions and impediments, and that public officials increasingly use those statutes to deny access to records. \u201cIt\u2019s getting worse every year,\u201d he said.<\/p>\n<p>After a series of shootings by police officers in\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18472\/new-mexico-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">New Mexico<\/a>, the\u00a0<a href=\"http:\/\/www.santafenewmexican.com\/news\/local_news\/new-police-training-puts-fewer-limits-on-use-of-force\/article_4ad9bdf1-f301-591c-ad09-e5fb6731c6d1.html\" target=\"_blank\">Santa Fe New Mexican\u00a0published a report<\/a>\u00a0about controversial changes made to the state-run training academy. But when a reporter requested copies of the new curriculum, the program\u2019s director refused, saying \u201cI\u2019ll burn them before you get them.\u201d<\/p>\n<p>In January,\u00a0The Wichita Eagle\u00a0reported that\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18397\/kansas-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Kansas<\/a>\u00a0Gov. Sam Brownback\u2019s budget director\u00a0<a href=\"http:\/\/www.kansas.com\/news\/politics-government\/article8345505.html\" target=\"_blank\">had used his private email address<\/a>\u00a0to send details of a proposed budget to the private email accounts of fellow staff members, and also to a pair of lobbyists. He later said he did so only because he and the rest of the staff were home for the holidays. But in May, Brownback acknowledged that he, too, used a private email account to communicate with staff, meaning his correspondence was not subject to the state\u2019s public records laws. A state council is now studying how to close the loophole. A series of court cases in California are examining a similar question there.<\/p>\n<p>Cuillier said in most states, courts or others have determined that discussions of public business are subject to disclosure, no matter whether the email or phone used was public or private. But the debate is indicative of a larger problem, and it reveals public records laws as the crazy old uncle of government statutes: toothless, antiquated appendages of a bygone era.<\/p>\n<h3>Weak ethics oversight<\/h3>\n<p>Governments write ethics laws for a reason, presumably. Public officials can\u2019t always be trusted to do the right thing; we need laws to make sure they do. The trouble is, a law is only as good as its enforcement, and the entities responsible for overseeing ethics are often impotent and ineffective.<\/p>\n<p>In many states, a complex mix of legislative committees, stand-alone commissions and law enforcement agencies police the ethics laws. And more often than not, the State Integrity Investigation shows, those entities are underfunded, subject to political interference or are simply unable or unwilling to initiate investigations and issue sanctions when rules are broken. Or at least that\u2019s as far as the public can tell: many of these bodies operate largely in secret.<\/p>\n<p>The\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18527\/tennessee-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Tennessee<\/a>\u00a0Ethics Commission, for example, rose in 2006 out of the ashes of an FBI bribery probe that had burned four state lawmakers. In its decade of operation, the commission has never issued a penalty as a result of an ethics complaint against a public official (it did issue one to a lobbyist). That may seem surprising, but the dearth of actions is impossible to assess because the complaints become public only if four of six commissioners decide they warrant investigation. Of 17 complaints received in 2013 and 2014, only two are public.<\/p>\n<p>\u201cThere just haven\u2019t been that many valid complaints alleging wrongdoing,\u201d said Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance, which includes the commission.<\/p>\n<p>In 2013, in a case that did become public, the commission\u00a0<a href=\"http:\/\/archive.tennessean.com\/article\/20130912\/NEWS02\/309120061\/TN-Ethics-Commission-opts-not-fine-Tom-Ingram\" target=\"_blank\">decided against issuing a fine<\/a>\u00a0to a powerful lobbyist and former adviser to Gov. Bill Haslam who had failed to disclose that he\u2019d lobbied on behalf of a mining company that was seeking a state contract. The lobbyist had maintained that his failure was simply an oversight, and only one commissioner voted to issue a penalty.<\/p>\n<p>In\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18397\/kansas-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Kansas<\/a>, staff shortages mean the state\u2019s Governmental Ethics Commission is unable to fully audit lawmakers\u2019 financial disclosures, according to Executive Director Carol Williams. \u201cWe would love to be able to do more comprehensive audits,\u201d Williams told the investigation\u2019s Kansas reporter. Instead, she said, all her staff can do is make sure officials are filling out the forms. \u201cWhether they are correct or not, we don&#8217;t know.\u201d Only two states initiate comprehensive, independent audits of lawmakers\u2019 asset disclosures on an annual basis.<\/p>\n<p>The State Integrity Investigation found that in two-thirds of all states, ethics agencies or committees routinely fail to initiate investigations or impose sanctions when necessary, often because they\u2019re unable to do so without first receiving a complaint.<\/p>\n<p>\u201cMany of these laws are out of date. They need to be revised,\u201d said Robert Stern, who spent \u00a0decades as president of the Center for Governmental Studies, which worked with local and state governments to improve ethics, campaign finance and lobbying laws until it shut in 2011. Stern, who is currently helping to write a ballot initiative that would update California\u2019s ethics statutes, said that while he thinks the State Integrity Investigation grades are unrealistically harsh, they do reflect the fact that state lawmakers have neglected their responsibilities when it comes to ethics and transparency. \u201cIt\u2019s very, very difficult for legislatures to focus on these things and improve them because they don\u2019t want these laws, they don\u2019t want to enforce them, and they don\u2019t want to fund the people enforcing them.\u201d<\/p>\n<p>In 3-in-5 states, the project found, ethics entities are inadequately funded, causing staff to be overloaded with work and, occasionally, forcing them to delay investigations.<\/p>\n<p>The\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18497\/oklahoma-gets-f-grade-2015-state-integrity-investigation\" target=\"_blank\">Oklahoma<\/a>\u00a0Ethics Commission is charged with overseeing ethics laws for the executive and legislative branches, lobbying activity and campaign finance. This year, the commission operated on a budget of $1 million. In 2014, the nonprofit news site Oklahoma Watch reported that\u00a0<a href=\"http:\/\/oklahomawatch.org\/2014\/12\/26\/state-ethics-agency-fails-to-collect-most-fees\/\" target=\"_blank\">the commission had collected<\/a>\u00a0only 40 percent of all the late-filing penalties it had assessed to candidates, committees and other groups since it was created in 1990. Part of that failure was the result of a challenge to the commission\u2019s rules, but Executive Director Lee Slater said that much of it was simply due to a lack of resources.<\/p>\n<p>\u201cUntil about a month ago, we had five employees in this office,\u201d Slater said. \u201cWe\u2019ve now got six. Try to do it with six employees.\u201d Slater said the commission this year began collecting all fees it is owed, thanks to the sixth employee \u2014 whose salary is financed with fees \u2014 and new rules that clarify its authority. But he said the agency simply does not have enough money to do what it ought to. \u201cI\u2019m not going to sit here and tell you that we do everything we should,\u201d he said. \u201cBut I will tell you that we do the best that we can, whatever that is.\u201d<\/p>\n<p>Slater said he\u2019s been told to expect a cut of between 5 and 20 percent to the commission\u2019s appropriations next year ($775,000 of the commission\u2019s current budget comes from appropriations).<\/p>\n<p>Oklahoma is hardly an outlier. \u201cThey don\u2019t have the resources,\u201d Stern said, speaking of similar agencies across the country. \u201cThat\u2019s the problem.\u201d<\/p>\n<h3>New frontier points to old problem<\/h3>\n<p>Not long ago, journalists and citizen watchdogs were thrilled to get access to any type of information online. But standards have changed quickly, and many have come to expect government to not just publish data online, but to do so in \u201copen data\u201d formats that allow users to download and analyze the information.<\/p>\n<p>&#8220;By making data available digitally, it can be more easily reused and repurposed,\u201d said John Wonderlich, policy director at the Sunlight Foundation, an advocacy group (Global Integrity consulted with the Sunlight Foundation when writing the open data questions for this project)<\/p>\n<p>Only\u00a0<a href=\"http:\/\/sunlightfoundation.com\/policy\/opendatamap\/\" target=\"_blank\">nine states<\/a>\u00a0have adopted open data measures, according to the Sunlight Foundation, some of which do little more than create an advisory panel to study the issue.<\/p>\n<p>The 2015\u00a0<a href=\"https:\/\/www.publicintegrity.org\/accountability\/state-integrity-investigation\/state-integrity-2015\" target=\"_blank\">State Integrity Investigation<\/a>\u00a0included questions in each category asking whether governments are meeting open data principles. Almost universally, the answer was no. More than anything, these scores were responsible for dragging down the grades since the first round of the project.<\/p>\n<p>While open data principles are relatively new, the poor performance on these questions is indicative of the project\u2019s findings as a whole. \u201cIf we really wanted to do it right we\u2019d just scrap it all and start from scratch,\u201d said Cuillier, of the University of\u00a0<a href=\"https:\/\/www.publicintegrity.org\/2015\/11\/09\/18332\/arizona-gets-d-grade-2015-state-integrity-investigation\" target=\"_blank\">Arizona<\/a>, speaking of the broken state of open records and accessibility laws. That clearly is not going to happen, he said, so instead, \u201cwe\u2019re going to continue to have laws that are archaic and tinkered with, and usually in the wrong direction.\u201d<\/p>\n<div id=\"stateintegrity\"><\/div>\n<p><script src=\"\/\/cloudfront-files-1.publicintegrity.org\/apps\/2015\/10\/stateintegrity\/embed.js\" type=\"text\/javascript\"><\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Annual investigation finds trouble at the statehouse: secrecy, questionable ethics and conflicts of interest in New Mexico and elsewhere.<\/p>\n","protected":false},"author":1,"featured_media":54908,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[109,107,706],"class_list":["post-99380","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-ethics-reform","tag-roundhouse","tag-transparency"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/99380","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=99380"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/99380\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/54908"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=99380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=99380"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=99380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}