Sunday, March 20, 2011


Let Iowans see their government at work

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Sunshine Week is a national initiative to promote a dialogue about the importance of open government and freedom of information. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public's right to know. Though created by journalists, Sunshine Week is about the public's right to know what its government is doing, and why. For more information, go to: www.sunshineweek.org.
In an era of contentious politics, members of both parties agree on the importance of open government. The Iowa Legislature has an opportunity this session to make government more open to the public, and it should.

The Senate Monday passed a bill that would create a new seven-member Iowa Public Information Board empowered to enforce Iowa's open-meetings and open-records laws. This board was first proposed by a bipartisan legislative study committee five years ago and has passed several times by wide majorities in the Senate before always hitting a brick wall in the House. Now, with the backing of Gov. Terry Branstad and the House in the hands of a new Republican majority, the stars are aligned to finally make it happen.
Sunshine Week is a good time for a reminder that the people of Iowa have a right to know what is being done for them, or to them, by the government they pay for. That is true whether it be a school board, city council or state agency. The only way to know that is by making sure decisions are made in meetings open to the public and that citizens have access to government records. Public officials have an interest in openness, too, by reducing suspicion of corruption.
While Iowa has relatively good laws requiring state and local governments to do their business in public, those laws are rarely enforced. State and local lawyers charged with prosecuting violations of state law are reluctant to bring charges against city councils, school boards or state agencies because these government lawyers also represent government agencies. Because of this conflict, citizens must take it upon themselves to hire a lawyer and bring a complaint when they believe there has been a violation of the law mandating open meetings and open records.
That is just wrong, and the Senate-passed bill would correct it by giving citizens a place to go with complaints, at no cost. Finally, Iowa's "sunshine laws" would have some teeth.

There is no reason why state and local government officials should object to the creation of a new board with the authority to require them to open disputed records or meetings when the law requires it. The bill is designed to make enforcement actions the exception: The intent is to resolve disputes informally, or through arbitration. The board would be balanced with three members representing government groups and three representing news organizations, with a seventh member from the Office of Citizens' Aide/State Ombudsman.
One of the most important functions of the board would be providing information to the public and training for government officials on the requirements of the meetings and records laws. This would help assure that citizens know their rights and that government officials know what the law requires, which would go a long way toward resolving most disputes before they become formal complaints before the board. Also, the board would be required to report to the governor and the Legislature on government openness and propose changes in the law.
The Iowa Senate is to be congratulated for, again, voting to bring more government transparency to the people of Iowa. The House should follow suit.