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Voters best
determine open
government
National Sunshine Week is this week, but it is hardly a celebration.
Sunshine Week is a national effort by news organizations to shed light on the importance of open government and the public’s right to know what its government is doing, and why.
So why is it always a hard fight to keep public meetings and public records open?
Because it’s easier for unscrupulous staff and elected officials to conduct the public’s business in the shadows, especially when their actions won’t stand up to public scrutiny.
2006 and 2007 have been particularly bad for open government in Columbus County. For example, 2006 was the year of the “token of appreciation,” which would have provided expensive health insurance for life to all current and subsequent county commissioners had there not been a public outcry. The provision was hidden in a seemingly innocuous 162-page personnel manual. Reporter Nicole Cartrette was denied a copy of the manual numerous times and it was weeks before she received a copy. We know why now.
2006 and 2007 have been replete with other examples of closed government in Columbus County.
The commissioners did not keep accurate minutes of closed sessions as stipulated by law, they held an illegal closed session on selling county property, and the county commissioners appointed the county attorney as the “gatekeeper” of all public records requests, which is illegal. This policy has since been changed, thanks to pressure from the public.
Requests for records often take numerous phone calls and follow-ups, and requests for financial records of Department of Aging operations have been ignored. The list goes on.
A big part of the problem is that the North Carolina Open Meetings Law and Public Records Law are weak. Any effort to strengthen the law is often met with opposition from the lobbying efforts of the North Carolina League of Municipalities and Association of County Commissioners, as well as the hospital lobby.
These weak laws allow governments easy ways to skirt their responsibilities for openness. For example, The Outer Banks Sentinel sued the Town of Kitty Hawk when its town board tried to hide how much it the paid owners of condemned oceanfront property. The town used contract attorneys and labeled the matter “attorney-client privilege” so town officials wouldn’t have to disclose the information. Fortunately, the courts didn’t see it that way.
Recently, The City of Burlington sued the local newspaper to keep the paper from seeking information from closed meetings. Again, the courts sided with the newspaper.
Unfortunately, there is little punitive relief when government breaks the law. Having governments pay attorney fees when cases are lost would be a good start.
The News Reporter and Tabor-Loris Tribune currently have a suit that’s before the Court of Appeals asking for access to a document held by county government. The papers initiated the suit in October, 2005. It has been an expensive process.
Newspapers and other news organizations will continue to push for open government, but the issue is more firmly reinforced by the public, and namely, voters.
Government will be open to the extent that the public demands it, and the best demonstration is at the ballot box.
When more open government advocates are elected by the people, Sunshine Week will become more of a celebration than a call to action.