Other Views
Records, Meetings Can Be Elusive

The Tennessean, Wednesday, 12/27/06

By FRANK GIBSON
TCOG Executive Director

Tennessee needs an open government advocate if transparency and public accountability are to be more than empty buzzwords.

The Tennessee Supreme Court has found open government was as much a requirement in our Constitution as freedom of speech and press, but our 50-year-old public records statute and 33-year-old open meetings law are far out of date.

The records law is a maze of 230 exemptions, some stuck away where citizens can't find them. The open meetings law is so weak parents in Elizabethton found it easier to recall school board members than to sue over an alleged violation.

Many taxpayers get frustrated trying to get records or notice of a public meeting. Frustration turns to anger when they learn that no one is responsible for enforcing the law and no one has authority to advise them on their rights.

Their only recourse is to pay a lawyer to quibble with a city or county attorney. An ombudsman with authority to issue advisory opinions would let people know where they stand and maybe avoid expensive litigation.

To his credit, Gov. Phil Bredesen has pledged support for such an office within state government because he sees the basic inequity in citizens having to pay to enforce laws passed for them. The governor noted "an ordinary citizen is not likely to go spend a few thousand dollars" getting a public record.

Lack of training is cited

Most government officials want to follow the law, but the head of the state county commissioners association told a legislative study committee that a lack of training and heavy turnover are major problems. Some states mandate training.

Other officials choose not to comply.

When Sevier County residents asked the state attorney general for help because local officials wouldn't show them records on a land use plan change, the AG explained politely he had no authority.

When Smithville residents complained about being overcharged for a public record, the city attorney told them she didn't have to follow AG opinions.

Our records law scored an "F" and a national ranking of 44 from the Better Government Association and Investigative Reporters and Editors because citizens have no right of appeal. If they win in court, there's no guarantee they'll get their legal costs covered.

Tennessee needs an office that is independent of any branch or office of government, much like the new state ethics commission. To be credible, it needs its own representative advisory board.

Virginia, New York and Indiana have such offices. They get thousands of questions and requests every year for advisory opinions from citizens, government officials and media each year. The majority come from public officials and agencies.

A statewide public opinion poll found in September that Tennessee voters, by a 2-1 majority, believe more public business is conducted in secret than in the open. An ombudsman would be a good first step in changing that perception.

 

First Amendment Center <http://www.firstamendmentcenter.org>

Tennessee Supreme Court <http://tsc.state.tn.us>

Sunshine Week <http://sunshineweek.org>

Tennessee General Assembly <http://legislature.state.tn.us>

Society of Professional Journalists <http://spj.org>

National Freedom of Information Coalition <http://www.nfoic.org>

Tennessee Attorney General <http://www.attorneygeneral.state.tn.us>