Is Government Open Enough?
State could use expert on open-government issues

Wednesday, 12/27/06
The Tennessean

Our View

Tennessee lacks some key elements of open-government advocacy, so an independent ombudsman may be the best hope in the immediate future to work on behalf of citizens with complaints.

The state had a good thing going when the General Assembly established a special panel to study an overhaul of open-government laws in Tennessee. Unfortunately, legislators to be on that panel didn't get appointed in a timely manner, and once the special panel was put together it decided it was too late to do the job right. That job was to make final recommendations to the legislature on an open-government revamp by Feb. 1. Because of the delay, the group has decided to shoot for 2008, not 2007, and that's a loss for Tennesseans.

But one other option still remains that could work in Tennesseans' favor. That would be an ombudsman, who could address open-government issues on behalf of those who need assistance. The ombudsman, or public advocate, could investigate problems and frustrations people have with access to government and could help settle disputes. Open government issues involve both access to public records and openness of government meetings. Tennesseans could see the sort of disputes that can arise on open government in a recent clash between the state Ethics Commission and the Tennessee Bar Association. The TBA felt the commission was doing an end-run around open meetings law when members communicated by e-mail. The commission's director countered that the contact was proper because it fell under the provision of attorney-client privilege.

One of the greatest strengths of an authoritative, independent ombudsman for open government would be that it would not have to answer to any branch of government — administrative, legislative or judicial. An open-government advocacy group, the Tennessee Coalition for Open Government, has proposed that an ombudsman be created along with an advisory board to oversee the position.

Gov. Phil Bredesen has expressed support for an ombudsman, and it should be pursued, especially given the slow development of the special 18-member panel studying open government. The dispute between the bar association and the ethics commission is just one example of where an ombudsman could play a role and help.

Large organizations like media groups can carry a certain amount of clout that individuals may lack. Citizens may feel powerless, or they may simply be uncertain what records they can access. The ombudsman could help settle such complaints and resolve matters in what would be a valuable public service. An ombudsman would be an expert and a clearinghouse for those questions and disputes. It could be an independent voice that citizens need and deserve.