PUBLIC OFFICIALS JUST DON’T GET IT

 

By Eric V. Turner, Director of Public Education, CT Freedom of Information Commission

 

In two recent newspaper articles, public officials made it appear that the Connecticut Freedom of Information (FOI) Act inhibited them from talking openly and honestly about the public’s business.

One official said that because of FOI laws, town council members can’t get together in private and try to work things out behind closed doors. In private, she stated, "We could just talk to each other as people, not as politicians."

Another former official voiced similar sentiments. He said he wishes he could have gone out for a beer with the other members of his board, even the ones with whom he disagrees. He reportedly said that he couldn’t do that because of FOI laws.

Nonsense! These statements illustrate a fundamental misunderstanding by some public officials not only of what the FOI Act requires of all public officials, but also of why such laws are needed in a democratic society.

First of all, nothing in the FOI Act prohibits government officials from talking to each other civilly and "as people, not as politicians." If they can’t do so publicly, that solely reflects on the character of the individuals concerned, not on the law. Second, nothing in the FOI Act forbids agency members from going out socially to get to know one another. In fact, the act expressly excludes from its coverage a "social meeting neither planned nor intended for the purpose of discussing matters relating to official business."

Under the FOI Act, the public has the following three basic rights with respect to public meetings: to know that a public meeting will take place; to attend the public meeting; and to obtain the minutes of the meeting. Exceptions are permitted for some things like personnel matters, contract negotiations, legal strategy in connection with pending litigation, and security matters.

Generally speaking, what the FOI laws prohibit are public officials meeting in private to discuss the public’s business. After all, it’s the public’s business, not private or personal business that’s at stake here. And how else can the public know if their elected or appointed "public servants" are serving them well and how and why public funds are being spent, without requiring that the public’s business be conducted in a forum open to the public?

Unfortunately, public officials all too often seek secrecy for their own benefit or comfort - not for the good of the public. Therefore, when politicians make comments bemoaning the requirements for open public meetings, be wary. It may be because they believe they were elected to serve their own personal or partisan interests and not the interests of the citizenry.

It was 25 years ago this August that President Nixon resigned because of the "Watergate" scandals, which in turn, led to passage of FOI laws, including those in Connecticut. Do you remember the old adage that those who fail to heed the errors of the past are doomed to repeat them? To avoid a repetition of past mistakes, it’s incumbent upon public officials to ensure that the public’s business remain just that - public.