Panel To Overhaul Open Government Laws Punts To 2008

11-27-2006

By ERIK SCHELZIG, Associated Press Writer

 

NASHVILLE, Tenn. (AP) _ A panel appointed to study overhauling the state's open government laws voted unanimously Monday to delay making its recommendations to the Legislature until 2008.

 

Under legislation passed in May, the 18-member study committee was asked to offer preliminary suggestions by Friday and a final report by Feb. 1. But the four legislative members of the committee were not appointed by the speakers of the state House and Senate until last month, and members said Monday they did not have enough time to evaluate changes to the law.

 

Frank Gibson, executive director of Tennessee Coalition for Open Government, said the committee could have made some immediate recommendations instead of delaying the entire process. Gibson's group is calling for the creation of an independent authority within the Tennessee Ethics Commission to mediate disputes over access to public records and meetings.

 

"There probably were some things that could have been resolved now, but I think they want to look at it more comprehensibly," Gibson said.

 

Gov. Phil Bredesen originally proposed the idea for an ombudsman in February, saying the position could ease access to government for individuals and smaller news organizations that can't afford court challenges.

 

Bredesen on Monday vowed to press ahead with his proposal despite the committee delay, his spokeswoman Lydia Lenker said.

 

"He intends to pursue the creation of this position in state government," Lenker said. "He intends to discuss this with the board of the newly created ethics commission to find the best location to house it."

 

The committee was created as a compromise during the legislative session after county and city officials opposed the first significant proposal to change the state's "Sunshine in Government" laws since they were created in 1974 in the aftermath of the Watergate scandal.

 

Doug Goddard, executive director of the Tennessee County Commissioners Association, on Monday told the committee that elected officials should have more opportunity to meet behind closed doors.

 

"There some times when it's in the public interest to have a closed session," Goddard said. "There's security issues, economic development issues, and most states have allowed for some other exceptions to have closed sessions."

 

Open government advocates had hoped updated open meetings laws would have a better chance of passing in the wake of last year's Tennessee Waltz corruption scandal and a subsequent special legislative session to pass ethics reforms.

 

State Sen. Randy McNally, chairman of the open government committee, initially argued against the delay.

 

"I feel a little bit negligent saying 'We give up, we can't accomplish this by the December deadline,'" said McNally, R-Oak Ridge. "We should at least try."

 

Committee member George Barrett, who proposed the delay, argued that the panel was not being negligent.

 

"The more we studied the problem, the more complex it appeared," said Barrett, a Nashville attorney appointed by the Tennessee Municipal League. "I don't see how we can make a timely report of our initial findings and recommendations by this coming Friday. I just think that's impossible."

 

The committee voted to make its initial report in December 2007, followed by final recommendations in February 2008.