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Article examines legislators’ personal e-mail use
The article quotes state Rep. Eleanor Chavez, D-Albuquerque, as saying legislators are in a different category than the governor, who has been under fire because she and other members of her administration were using personal e-mail accounts to discuss public business.
“We’re a citizen legislature, not state employees,” the Reporter quoted Chavez as saying.
I’m quoted in the article disagreeing with Chavez.
“They get per deim, they get retirement benefits — they get compensation for their job. And I don’t think that’s the point,” I was quoted as saying. “They’re public officials.”
You can read the full article here. And you can read my argument that legislators should use public e-mail accounts here.
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Heath: A few years back there was discovered written communication between the governor’s office and judges in the appellate and supreme court suggesting, if not directing, decisions regarding certain issues and persons. I assume that these type of communications are covered by the Open Records act, is that true? Also do text messages count the same as email messages when it comes to the act? Is US mail correspondence also covered in the Open Records Act.
I think that if other volunteer boards (State Fair Commission) are not subject to use state email than the legislature should not either. They are public officials as well.
The legislators are not paid, per diem is a reimbursement for their hotel and meals (Commission Members are reimbursed as well). The retirement is voluntary, not every member pays into it and not every member receives the
Anyone who suggests that legislators should use legislative email accounts at other times than during the legislative session or possibly during interim committee meetings while discussing public business with their colleagues is taking a very narrow view of the situation. This view would be expected from journalists so they have greater access to private conversations. Heath Haussamen does not appear to understand the necessity of privacy and trust when communicating with constituents on issues of a personal and private nature. These type of emails using a legislator’s private account make no decisions regarding public business. Legislators are also afforded the commitment to privacy between them and the Legislative Council Service when drafting legislation. During this process, although the conduct of public business might a point open for debate, but the public must understand that government business is not being conducted. There is a very significant difference between citizen legislator’s and the Governor’s and that her use of private emails between her and her staff is nothing less than knowingly operating a shadow government and has become non-transparent to the public, isn’t this also a felony. I could possibly agree that while on per diem legislators are on official business, but between constituents and constituent issues should be kept private. A citizen legislator has an important responsibility to his/her constituents, lets keep that communication channel a trusted vehicle of communication so that legislators may do their job. The Governor is on the taxpayer’s dime 24/7, the legislator is not….retirement compensation doesn’t count as it is a real stretch to connect a legislator’s retirement plan to the use of an email account.
You are right on the money Heath. Keep up the good work!!