TL;DR: We’re putting pressure on lawmakers to make the state government more transparent by opening up political caucus meetings.
What Are Closed Political Caucus Meetings?
A political caucus meeting is where members of the same political party gather to discuss legislative issues.
One of the cornerstone principles of a democracy is government transparency. The practice in Utah of holding political caucus meetings behind closed doors undermines transparency and shields government officials from accountability.
State lawmakers should reform Utah’s government transparency laws to close the loophole that allows political caucuses to meet, deliberate, and make decisions that impact the public behind closed doors.
What’s The Big Deal?
Utah’s Open and Public Meetings Act was passed into law in 1977 to increase transparency and accountability in state and local government. The Act states that “the state, its agencies and political subdivisions, exist to aid in the conduct of the people’s business.” The Legislature at the time said its intent was for public bodies to openly deliberate and act.
Over the past 47 years, the Open and Public Meetings Act has helped keep lawmakers’ discussions and decisions open to the public, whether it be up at the Utah State Capitol or your local City Hall. However, the definition of “public body” in the Act explicitly states that it does not include “a political caucus.”
While they may choose to keep their meetings open to the public, this loophole allows both Republican and Democratic caucuses in the state House and Senate to meet privately behind closed doors. In those secret caucus meetings, the Republican supermajority can discuss pending legislation and even conduct unofficial “test votes” on bills. Any discussions and votes that take place in closed caucus meetings are not required to be released to the public. This is true even if they result in legislation not reaching a real vote on the floor of the House or Senate, which goes against the spirit and intent of the Open and Public Meetings Act.
What Does it Look Like: Closed Caucuses In Action
One of the most noteworthy examples of the use of closed caucus meetings to impact policy came in 2015 during the debate surrounding former Governor Herbert’s health care funding proposal.
A joint Republican caucus meeting was held in advance of the legislative session with all 87 state Republican representatives and senators to privately debate and vote on the proposal that would have expanded Medicaid. At that time, Utah House Republicans had an “internal rule” that required the support of at least 38 caucus members to advance legislation in the House, effectively shielding public officials from having to disclose votes that would otherwise be public if they had reached the floor of the House.
Alarmingly, this practice has recently expanded beyond the state Legislature to the Utah State Board of Education, where the Republican majority formed a caucus and started meeting behind closed doors. As with the closed caucuses of state lawmakers, this new caucus was criticized for setting “a bad precedent that stands to shield decisions from public view.”
Why is it Important?
One of the cornerstone principles of a democracy is government transparency. This value ensures elected officials are accountable to the public they serve.
The ability of political caucuses to meet behind closed doors and privately argue on legislation undermines transparency especially when there is an overwhelming “supermajority” that holds a lot of power. By holding secret caucus meetings to discuss and take unofficial “straw votes” on bills, they effectively take decisions that impact the public out of the view of the public.
This secretiveness is harmful to our democracy because it denies the public and media the opportunity to observe and participate in state and local government and shields government officials from being held accountable for their decisions. This pattern of secrecy suggests an unwillingness to engage in honest dialogue or explain their decisions to the people who voted them into office. If they can’t make decisions publicly and without hiding behind closed doors, are public officials truly serving the interests of their constituents?
There are significant consequences of this lack of transparency. The lack of public input and scrutiny not only erodes trust in the government but also creates an imbalance of power where accountability is severely diminished. It sets a dangerous precedent, eroding public trust in government institutions and creating a system where backroom deals and undisclosed discussions become the norm. If democracy is to thrive, it demands ongoing accountability, openness, and a genuine effort to include the voices of all citizens in the legislative process.
What Can You Do About It?
Contact your lawmakers! Ask your lawmakers to run or support legislation that reforms the Open and Public Meetings Act to close the loophole that allows political caucuses to meet, deliberate, and make decisions that impact the public behind closed doors.
Until that loophole is closed, Republican and Democratic caucuses in the Legislature and the State Board of Education should be encouraged to hold caucus meetings that are open and transparent to the public.
You can play a key role in advocating for these changes by contacting your lawmakers. Use the template below to email your state lawmakers, voice your concerns, and encourage them to make this change that would reform our government for the better:
We’ve provided a sample email here that you can use to email your lawmakers. We include all information to lookup and contact your lawmakers in the template.
