Does the legislature need a curfew?

by Tom Campbell, Producer and Moderator, NC SPIN, May 25, 2017.

“Nothing happens on the streets of this town after midnight that you need to be a part of,” my parents told me as a teen. Concerned I had neither the experience nor the judgment to impose this discipline on myself, they imposed a midnight curfew on me. I didn’t like, it but came to understand its wisdom. I remembered this experience after our state Senate’s 3 a.m. budget vote. Seldom does anything good result from these late-night sessions.

Repeatedly we’ve witnessed legislation mysteriously added, deleted or amended, then rushed to approval in order to pass a budget, meet a self-imposed deadline or to adjourn. Only later were lawmakers (and the public) shocked to learn what mischief was contained in these late-night votes. It is not good government and no way to conduct “the people’s business.”

The process started badly, as neither rank-and-file Senators nor members of the public even saw the 800-plus pages of budget documents crafted behind closed doors until Wednesday morning, when various subcommittees essentially rubber stamped them. The $23 billion dollar budget subsequently came to the floor for passage Thursday. When Democrats objected to provisions and attempted to add amendments, Senate leadership abruptly called a recess until 2:30 a.m. When the session reconvened, punishment, in the form of reduced or eliminated funding for programs, was aimed squarely at certain Democrats.

Upon reflection, some of the Senate’s recommendations are good, but the process is the problem. Anyone criticizing these late-hour shenanigans is quickly reminded that when Democrats ran the legislature they were equally vindictive, dismissive and mean-spirited toward Republicans. Usually the critic is asked why we – the media - didn’t raise a ruckus then. The record will show that we did, on TV, our website and in written columns. It was wrong then and is just as wrong now.

Longtime political reporter and columnist Paul O’Conner recently quipped that what goes around still comes around. He remembered how Democratic leadership in the ‘80s and ‘90s ran roughshod over Republicans, stripping the Lieutenant Governor of power, refusing to allow input from GOP lawmakers on legislation and making decisions in small groups behind closed doors. The symbol for the Republican Party is the elephant, reputedly with long memories, and even though many current legislators were not in office at that time they remember (or have been told) the treatment received at the hands of Democrats. What goes around comes around.

If the pendulum swings and Democrats once again attain majorities in one or both chambers of our legislature will they have learned from their recent treatment by Republicans and change the way things are done or will they just resume ways of punishing the minority party? An interesting question to ponder.

Whether or not that ever occurs, the fact remains that when lawmakers are tired at the end of a long day, when changes are hurriedly made without due deliberation and when important decisions are at stake these late-night sessions generally result in bad legislation. Given their recent performance, perhaps our lawmakers would be well served to impose a curfew upon themselves. What harm would result in waiting another day or two before taking action? A little rest and reflection might result in better decisions, but most assuredly a better process.