For no Senate President is an island (WMP&I)

BOSTON—The first sign may have been the duller than usual roar in the hours before legislators took the oath of office—COVID-era ceremonies aside. The galleries in the Senate chamber were busy, but not packed. The schmoozing wrapped up early. Little more than an hour after the 194^th General Court of the commonwealth took office, the State House grew quiet.

The first Wednesday of this odd year, when state lawmakers take office, was a holiday. New Year’s sporadically syncs up with the dawn of a new legislature, but more than hangovers and holidays muted the day. The party opposite Beacon Hill’s majorities will soon seize Washington. Closer to home, the previous, wild session and a ballot question subjecting the legislature to audit have prompted overdue promises of transparency from the Senate President and House Speaker.

It remains unclear how a new era of Donald Trump’s mafiosi rule will harm the commonwealth. New England arguably withstood the last go-round better than other regions. Regardless, the new regime will cast a pall over, if not yet send shiver through Beacon Hill.

Speaker Ron Mariano and Senate President Karen Spilka largely avoided this topic. They spoke indirectly about the change in national government. On the subject of their chambers’ accomplishments, they defended their work. However, the months of criticism had some effect.

President for a day. (WMP&I)

The Senate swearing differed in two significant ways. First, it was the first time Governor Maura Healey swore in a whole legislature. Second, there was a new dean of the Senate to preside until the Senate elected a president. New Bedford Senator Mark Montigny led senators, briefly. He eschewed lengthy speeches for a photo with his son and Spilka after the vote.

The nominating speeches followed a familiar pattern. Warm and sincere praise from Spilka’s and Senator Minority Leader Bruce Tarr’s colleagues preceded the vote. Tarr, as per custom, moved to cast a unanimous vote for Spilka. When his speech came—after Spilka’s—Tarr was over the moon that his caucus had graduated from sedan-sized to large enough to fill a minivan.

Spilka laid out accomplishments from funding for education, tax breaks for seniors, investment in housing and additional protections for LGBTQ residents and families.

“In fact, just this week, the Senate wrapped up what I consider to be a historically productive legislative session, which consistently delivered on our promise to make the commonwealth more affordable, competitive and equitable,” she said.

Spilka took a direct shot at the press for creating a “persistent negative media narrative” and defended the chamber’s transparency. The slap notwithstanding, she pivoted to promising additional openness, at time of growing misinformation and deteriorating local news.

“That’s why I am committed to a series of changes that will build upon the Senate’s commitment to an open and transparent process of legislating,” Spilka continued. “The Senate has long ensured that all votes of Senate committees are made public. But this session, I am committing to making all Senate votes in joint committees public also…and I’m calling on our partners in the House to do the same.”

Spilka also said testimony would be public. She additionally committed to establishing a digital press room to make bill summaries accessible online.

Time to call him Reformin’ Ron? (WMP&I)

Likewise, Mariano said the legislature had achieved a lot last year, but promised there would be changes.

“Now, it would be easy under those circumstances, to stand here in defiance, and say that the work should speak for itself,” he said according to the State House News Service. “The reality, however, is that doing good work isn’t enough if our constituents don’t feel as though they can easily follow the process. It’s our responsibility to ensure that voters feel that they have an efficient and transparent Legislature that is responsive to their concerns.”

He called for changes to the legislative calendar.

As state’s pundit classes observed again and again after the speeches, Mariano and Spilka were right. The 11^th hour, quickie-voting became necessary after the legislature blew past its traditional session end of July 31.

That earlier failure to meet deadlines—and the scorn it attracted—no doubt dampened the New Year mood. Amid a wave of opprobrium from The Boston Globe to Healey, Mariano and Spilka committed to keep working during the traditional district work period around election time and the term’s end.

What legislative leaders omitted was that upwards of 20% of that impressive agenda passed days before the previous legislature expired. This was an act of cramming that otherwise only occurs at Boston’s colleges at exam time.

Despite Spilka’s promise to do better, one more critique was incoming. Quincy Senator John Keenan voted present during the presidential roll call. He told reporters later that he had no problem with the product of the last session. Yet, after missed deadlines, limited votes and other opacities, his abstention was a vote he “had to make to send a message.”

“We’ll continue to work on legislation together, but I just think that we have to be more open and participatory,” he said after the ceremonies.

Did somebody call an auditor? (via Twitter/@DianaDizoglio)

Adding to the context was State Auditor Diana DiZoglio. Two days after legislators took the oath, her ballot question letting her audit the legislature formally took effect. She again asked them to comply. Spilka appointed a committee while Mariano would not commit to compliance. On Monday, the Senate committee requested a meeting with DiZoglio to address several issues, some practical, others undoubtedly political.

In short, the House and Senate are not exactly manning the barricades. Nor, however, has urgency  become their anthem.

The outcome of DiZoglio’s audit efforts is not yet clear. Perhaps the Senate’s letter is more white flag than delaying tactic—the State House News reported the gesture did not satisfy DiZoglio. To a certain extent, it should not matter. Even if the courts were to find DiZoglio’s ballot measure a dead letter, Beacon Hill’s legislative chambers need a reboot.

With the full extent of Trump’s rampage—particularly against Massachusetts—unclear, Beacon Hill, both the legislative and the executive, have one overarching assignment within its full control. They must make state government work.

Fitfully, and often painfully, there has been an effort to rebuild the state after decades of austerity. During much of that period of underfunding, the bureaucracy functioned more poorly, to the detriment of residents. The economic conservatives that would cheer this refused to make unpopular decisions about what state government should stop doing. Instead, it did the same things more poorly.

Flush with pandemic funds, the rebuilding began under a reluctant Charlie Baker. It is a task Healey has adopted with more vigor. It would be obscene for her declare victory—there is a great deal more reform and rebuilding to do. However, the slow, arduous push to remove the speed restrictions from Boston’s subway lines show something better than publicity stunts is possible.

Healey about to swear in her first Senate. (WMP&I)

The legislature has a role in rebuilding state government, including thorny issues like rolling back roadblocks to building housing and transit. However, one of the most important things the House and Senate do is simply operate better and more transparently.

Spilka mentioned a push to make committee votes public and move deadlines. Keenan had said the latter was not enough, as deadlines are often illusory. He called for more roll call votes, too.

“If you look back over the last several sessions we’ve gone from having 500 and 600 even 700 rolls calls to 250 rolls calls,” he said on New Year’s Day.

Crossroads. (WMP&I)

Part of Beacon Hill’s opacity is its inability to simply pass individual bills. Instead, many things get rolled up into massive must-pass legislation or, as with last session’s dying days, in an incoherent burst.

Among the bills that died was a study committee to find solutions for residents with crumbling foundations. Pyrrhotite-contaminated concrete, which hit construction in an area covering Central and Western Massachusetts, has devastated families. There’s no reason why it could not pass before July 31, never mind December 31.

All of state government must work better. That includes the legislature. This is for its own sake and to show Democratic governance can work.

Failure will not deliver only scowls from the governor and fusillades from The Globe. It could be the difference between this year’s subdued legislative openings and even darker ones in the future.