Dave Davies

Dave Davies has a great column in today’s Daily News calling on Harrisburg to open up the legislative process. The introduction of gambling, the Philadelphia Parking Authority takeover and the proposed arts tax are all examples, he says, of deals made in backrooms.

What surprised us, though, is that as a contrast to Harrisburg, Davies points to City frickin’ Council as a superior governing model: The city charter has specific requirements for legislative transparency. We thought we’d follow up with Dave to learn a little more about open government, in both Harrisburg and Philly.

It’s Our Money: Did the [Harrisburg] reforms passed in the wake of Bonusgate do anything in terms of opening up the legislative process?

Dave Davies: I think they probably helped, as much because of the atmosphere of scrutiny that accompanied them as the reforms themselves. The House now has a rule that says they have to wait 24 hours after a bill is amended before they vote on it. The Senate has to wait six hours. That's not adequate if they've amended a bill to include something nobody contemplated before, like an arts tax or Parking Authority takeover, because there's no real opportunity for public input. But it should at least give legislators a chance to read the damn thing before they vote and think about it a little.

IOM: You cite City Council as an example of a more open legislative process, since any bill needs to be introduced with a title that "truly describes its purpose," and be reviewed in a public hearing. I think a
lot of people are in shock that you cite City Council as a better model of doing anything. Are we spoiled? Does Philly's legislative process have different problems that don't relate to openness?

DD: I think this is as much a matter of proximity as anything. Council members and Council sessions are only a bus token away from their constituents, and I think that over time, that makes them more accountable. I didn't write about the federal government, but I think in some ways it's less accountable and transparent even than the state legislature. One small example: As a reporter, I've made probably hundreds of right-to-know requests for information. From local government, I often get a quick response, but pretty much always within a month. My requests to federal agencies take many months, in one case more than a year.

IOM: How did these provisions get added to the city charter? What would it take for Harrisburg to adopt something similar?

DD: The city charter was adopted in 1951, long before my time. But I know that it came as part of a reform movement in response to the corruption of what was then the Republican machine controlling the city. The annotation written by the framers of the charter said that the Council rules were established "to prevent the hasty consideration and enactment of ordinances before citizens and the members of Council themselves have had an opportunity to be heard..." I'm sure the legislature could adopt similar rules, though rules can always be suspended in a pinch. It would be better to enact the changes in a statute or an amendment to the state constitution.

IOM: Are any elected officials in Harrisburg pushing to reform the legislative process? Is there anyone you think we could talk into it?

DD: I'm not in close touch with the pulse of the legislature, but I don't see any great momentum for reform at the moment. On the other hand, they did manage to enact a new Open Records Law last year. Josh Shapiro, who co-chaired the Legislative Reform Commission in 2007 is still around, and while less influential, still interested in change. Dwight Evans used to regularly call for a constitutional convention. Maybe he'll come back to that.