This article originally appeared in The Detroit News October 22, 2024. 

Is it time to update the oath of office that Michigan lawmakers take?

You know how the swearing-in ceremony goes: A judge administers the oath of office. The lawmaker holds up his or her right hand and often places the other hand on the family Bible. The judge intones: “Repeat after me…”

The Michigan Constitution provides the words of the oath:

“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of .......... according to the best of my ability.”

Let’s add a new line to the oath of office: “However, I reserve the right to keep secrets from my constituents and the taxpayers of Michigan by signing non-disclosure agreements at my discretion.”

The Detroit News reported that one in five current lawmakers — of both parties — have signed non-disclosure agreements with the Michigan Economic Development Corporation regarding subsidies the state gives to private companies.

The MEDC tries to get companies to move to Michigan and also incentivizes companies not to leave. The development corporation does this by handing out large sums of money to well-connected companies, with few strings attached.

The corporation needs the Legislature to approve the handouts, but apparently the agency doubts whether lawmakers can be discreet, so it insists on a gag order.

We are told there are reasons for these secrecy pacts. That lawmakers encounter all sorts of intricate details about the companies vying for taxpayer dollars. That these details could be used by a company’s competitor if the details leaked out. That lawmakers must protect the company that wins a subsidy.

There’s a pattern here. The MEDC says it needs “tools in the toolbox” to grow Michigan’s economy. Chief among those tools is secrecy.

How much money is involved, who will get it, how the state calculates return on investment, how many jobs the company actually creates — the MEDC has concealed all these details in the past.

Economic development officials are quick to boast about a new multi-million-dollar handout, smiling and applauding at the ribbon-cutting ceremony. But ask a few questions and they duck into the shadows, clutching their NDAs, trade secrets and Freedom of Information Act loopholes.

Lawmakers and corporate welfare bureaucrats want to improve Michigan’s economy. Good. Their performance should be easy to evaluate. We give away billions of dollars, so how many jobs are they creating? If they had a good track record they wouldn’t have to hide the details.

There are other problems with lawmaker NDAs.

First, lawmakers who agree to gag orders violate the transparency we expect from public officials. The state constitution says records about public money must be open to inspection. In 2022, Michigan voters approved Proposal 1, which requires lawmakers to file annual financial disclosure reports. We expect transparency, not cloaks of invisibility.

Second, allowing lawmakers to sign NDAs is an invitation for mischief. At a minimum, it obfuscates the waste of taxpayer dollars if a project fails. At worst, it allows corruption to go undetected. To be clear: I am not alleging wrongdoing, but it is easy to imagine.

Third, bad ideas are contagious. Imagine what else lawmakers may wish to hide with an NDA: all-expenses-paid junkets, meals with lobbyists, gifts from constituents who need a favor. Additional agencies may add the secrecy tool to their toolbox.

The oath of office does not contain a vow of silence. Lawmakers should not act like it does.

Permission to reprint this blog post in whole or in part is hereby granted, provided that the author (or authors) and the Mackinac Center for Public Policy are properly cited.