Souza's transparency bill gets Senate OK

Sen. Mary Souza’s bill to shine more light on public officials’ finances passed its first major test Wednesday when the Idaho Senate approved the bill unanimously. The bill, S1274, now goes to the House.

Souza, R-Coeur d’Alene, said the bill came about after a local school district employee’s compensation information was hidden under the pretext of personnel records. Personnel records are exempt from disclosure. The Coeur d’Alene Press took legal action against Coeur d’Alene School District last year, and the compensation records were then made public.

Souza cited a 2012 ruling by then-Idaho 6th District Judge David C. Nye that stated, “Parties cannot exempt a public record from disclosure and hide it from the public simply by placing it in a personnel file and declaring the personnel file exemption to be applicable to it.”

However, since Nye’s decision was not binding law statewide, Souza said she and other lawmakers decided to go ahead and update the state code.

The bill amends current law to make bonuses, severance packages, other compensation, and reimbursed expenses for public officials open to public scrutiny. “I think it’s important that people know that our public agencies have a responsibility to be transparent. When they’re using taxpayer money for reimbursement or compensation to an employee, that is something the public has a right to know,” said the senator.

The bill amends current law, which declares a legal presumption “that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by statute.”

At the suggestion of state officials, Souza’s bill would also require each public agency to designate custodians to handle public disclosure requests. It exempts public officials’ Social Security numbers and driver’s license numbers from such disclosure.

Souza said she expects no opposition to the bill in the state House.

“Everyone loves it,” she said. “No one has said a word against it.”