Eric V. Turner *

and

Gregory Daniels **

            Public employees are frequently the butt of criticism which runs the gamut from laziness, to arrogance, to dishonesty from the citizenry of this state. Tales of unpleasant experiences abound, particularly with respect to front-line employees. Is such criticism fair?

            We believe that, unfortunately, such criticism is fair.

            Last spring the Connecticut Freedom of Information ("FOI") Commission and the Connecticut Foundation for Open Government commissioned a survey of local government to determine the level of compliance with the state’s FOI Laws. The survey results indicate that many municipal offices do not routinely comply with the requirements of the FOI Act. Three different kinds of public agencies were surveyed – school superintendents, police agencies, and municipal clerks’ offices. Each was asked to allow viewing of a particular category of records that are clearly public. The specific categories of records requested included teacher attendance records from school districts, arrest records from police agencies, and marriage license applications from clerks’ offices.

            The agencies failed the test of compliance miserably, with an overall rate throughout the state of only 22 percent. While 67 percent of all agencies were rated as "very cooperative" or "somewhat cooperative" by surveyors, 15 percent received grades of "very uncooperative" and another 17 percent were considered "somewhat uncooperative." Throughout the comments registered by surveyors are reports that public employees were downright "rude" or "suspicious" or annoyed by the fact that the surveyors were asking to see records.

            Based on this survey, the criticism of government workers may be well-founded and reflects an accurate perception of how government employees treat the citizens of this state. In fact, it could be respectably argued that some employees of public agencies are barriers to carrying out good and efficient public service.

According to the survey, about one-third of the employees were less than cooperative. Assuming that employees in both the public and private sectors are comprised of a relatively similar cross-section of the general population, private sector employees should produce a similar unsatisfactory result. There is one important difference, though. If a person encounters a business that provides poor service, that person can take his or her business elsewhere. Unless one moves, however, one cannot change where he or she does government business.

            A natural consequence of an unhelpful or even disrespectful attitude on the part of public employees is the disinclination to deal with them. Thus, we wonder how many people do not utilize governmental processes because they fear a negative or discourteous response. Our experience at the FOI Commission has shown that very few minorities have filed complaints. Although the survey did not test for racial discrimination, several minority surveyors informally reported that they felt unwelcome a number of instances when they presented their request for public records. Could it be that minorities bring a disproportionately small number of FOI complaints because they simply avoid making requests for information in order to avoid the possibility of an unpleasant or negative encounter with public employees?

            But our government is only as bad as we allow it to be. Public officials must be held accountable. One way to do this is by seeking the information you want, and filing a complaint with the FOI Commission if you do not get it to your satisfaction.

            The state Freedom of Information Act gives people the right to inspect or copy (at a marginal rate) public records. It also provides the right to attend most meetings of public agencies.

            So, if you are denied access to government records of meetings, or if undue obstacles are placed in your way to effectuating your rights, utilize the process under the state FOI Act to obtain it. Contact the Freedom of Information Commission. More importantly, don’t be intimidated or deterred by unpleasant government employees. You do not have to move to get better government. Make your government accountable by insisting on your rights.

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*Eric V. Turner is director of public education for the state Freedom of Information Commission. **Gregory Daniels is a management analyst for the commission. For further information regarding the Commission, please contact us at (860) 566-5682 or www.state.ct.us/foi/.