Brian Sonntag
Thirty years ago, voters in Washington state made it abundantly clear how they felt about the issue of open government when they passed the Open Public Meetings/Open Public Records Act. Its preamble stated:
"The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know."
This is strong stuff. But it places citizens in control of their government, which is right where they should be. Allowing citizens access to information on government operations isn’t optional. It is fundamental.
State law is clear. Government officials are to err on the side of openness. They are to have faith that people will understand the information they are given and make educated decisions. They are not to question the motives of those requesting public records. They are to place the same trust in the citizens as the citizens have placed in them.
Citizens expect and deserve open, accessible government. They resent government officials who take a "we know what’s best for you" approach to making decisions about which records should be public and which should not be disclosed. This attitude doesn’t serve the public as much as it encourages suspicion.
Arguments often are made that access to records is being denied to protect the rights of citizens. And certainly, some exemptions to disclosure are needed to prevent the release of personal information.
The open records law itself contains more than 40 exemptions. Also, 150 provisions in other state laws make specific records confidential, secret or exempt from disclosure. The exemptions demonstrate that the law does not intend to jeopardize the rights of individuals.
I believe that most government officials want to do the right thing, and some violate the state’s open records laws because they are unaware of their requirements. That can be solved largely through education.
This education can take many forms, including the "Right to Know" project, which recently was undertaken by newspapers around the state that wanted a sense of how governments are complying with open records laws. The results of that project are detailed elsewhere in this newspaper.
In their role as government watchdogs, these newspapers, in many instances, are the best source of information about actions by city and town councils, school boards, county commissions, fire districts, police and sheriff’s departments, and many others. Ironically, it is the news media that most often encounter difficulties in gaining access.
For example, during this project, some school districts would not release the details of the superintendent’s contract. Why? Aren’t these high-ranking officials being paid with public dollars?
Additionally, some police departments would not release reports on traffic accidents and other incidents. If your mayor, or an official in your county, were involved in a situation when the police were called, wouldn’t you want to know?
We hear a lot of talk these days about citizens being disconnected from government. That doesn’t happen because citizens decide to pull the plug. Government cuts off power to the people when it limits accessibility and does not make a commitment to accountability.
Openness breeds confidence. Secrecy breeds distrust. We must protect the state’s rich tradition of open government. As government officials, we have must serve the public interest.
Brian Sonntag is the Washington State Auditor
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