Years ago, we recall flipping through a Freedom of Information handbook for the state of California. The first few pages were tightly written and provided little wiggle room for how open meetings and public documents were to be handled. By and large, the document laid out the requirement that the public’s right to know and to be present at meetings were to be maintained by all elements of government.
Wow, we thought, this is a lot like Arkansas’ FOI law.
That was, until we flipped through the next jillion pages providing exceptions to the law. At the end of reading the dizzying number of amendments and changes, we came to the conclusion that California had an open meetings and records law in name only, or close to that.
And Arkansas keeps edging closer and closer to that poor standard.
Independent reporting for Pine Bluff & Jefferson County since 1879.
When this state’s FOI law was passed, it was hailed as the strongest in the country. But every time the state Legislature gets together, many members come armed with amendments they want passed that chip away at our FOI law.
The arguments for and against the FOI haven’t changed much over the years. There’s the public’s right to know versus the pain in the neck it is for public agencies to make sure the public has an opportunity to be in the know. Want to talk about closing one high school and putting all the kids under one roof? Hold that thought until the school board meeting when the whole world can hear and participate. Want to sell a piece of city property? That’s why there are council meetings. You fired the superintendent? The public would like to know why and can find out, maybe, by filing an FOI request for personnel files.
We understand that having controversial conversations and allowing what might be embarrassing documents out is uncomfortable. That’s not how businesses work, for instance, where board meetings are private. But in all the ways that politicians love to say that government should be run like a business, government is not a business in those same terms. Government is much messier and dealing with pesky, nosy members of the public is just such a chore — but a necessary chore.
What government-types forget is that those members of the public are the bosses. The taxes those people pay keep government running. If they think you’re doing a sorry job, they may fill up the cafeteria to know why you have suspended a beloved principal, for instance. It’s called engagement. And come to think of it, we can’t recall even one instance in which a public document was released or a public meeting was held in which the negatives outweighed the positives in terms of openness and the public’s right to know.
This legislative session has had numerous bills introduced that would further erode Arkansas’ FOI law. Some have been killed. One passed the the House on Friday. It was filed by Rep. Mary Bentley, R-Perryville, which would allow a third of the members of a governing body to meet privately without it being considered a public meeting.
“I just think it is a tragedy that we don’t allow our city and county elected officials to call each other on the phone,” she testified.
A tragedy? Really? Are government officials that delicate? Here’s the way that would work. Two members of the school board would meet and talk about a topic. Then those two would each go talk to two other board members, and so on. And then on the night of the school board meeting, someone would make a motion to close a school, it would be seconded and passed, and that would be that. No discussion, no chance to hear the up and down sides to the topic as it’s being discussed. And you can multiply by every city council meeting, quorum court meeting, library board meeting, advertising and tourist commission meeting and on and on. In that scenario, the public would effectively be relegated to bystander-status.
“They keep saying government would be more efficient if they could just do business without the public around,” newspaper owner Ellen Kreth testified. “They keep saying they can’t discuss anything. We say they can discuss things as long as it’s in public. It’s the public’s business.”
Exactly.
As for talking on the phone, sure, Rep. Bentley, they can chat away – about the weather and the price of peaches and their latest vacation. But for the public’s business, they need to save that thought for the public meeting.