Congress this week took a stand for Americans’ access to their government’s
records that was sorely needed at a time of when elected leaders
increasingly presume a mantle of secrecy exists to cover the official trail.
On Monday a bipartisan bill was dispatched to President Barack Obama for his signature, requiring federal agencies to consider release of government information under the presumption that it’s open to the public, as opposed to assuming that it’s secret.
Obama, whose presidency cannot boast a stellar record on this front, is expected to sign it. He should do so, and along with those hoping to replace him, should hear the message from Congress, loud and clear. Each has erected his or her own barriers around public access to information.
The Obama administration has broken records for denying access to government files in response to requests under the U.S. Freedom of Information Act (FOIA), and a mountainous backlog of unanswered FOIA requests persists. His news conferences have been infrequent, his crackdown on leaks from inside sources severe.
Hillary Clinton and Donald Trump, respectively the Democratic and Republican presumptive presidential nominees, have their own challenges with the “sunshine” concept.
Clinton’s zeal for controlling information is evident in the ongoing probe into her use of a private email server. Her distrust of the media is well established, over decades.
And while Trump’s career has been in the private sector, his recent revocation of press credentials to The Washington Post and others does not signal public openness.
The bipartisan bill was championed by the Sunshine in Government Initiative, a coalition of nine media groups. Three months after the Senate passed it, the measure passed the U.S. House of Representatives on a voice vote.
It would place a 25-year sunset on the government’s ability to withhold certain documents that demonstrate how the government reaches decisions. Under current law, many documents related to decision-making can be withheld indefinitely.
Finally, the measure also would create an online portal for individuals to submit a FOIA request. Easing the public process is a fitting way to mark the 50th anniversary of FOIA, which continues to serve a crucial purpose in keeping citizens informed.
Hawaii residents can hope it will serve as a model for more transparency from local government, as well.
One recent allegation of bad behavior was lodged in state Circuit Court over the selection process leading to the appointment of Riki May Amano as hearings officer in the contentious Thirty Meter Telescope contested case hearing.
The state Department of Land and Natural Resources is alleged to have withheld documents about the process beyond the legal limit of 20 business days. Campbell Estate heiress Abigail Kawananakoa hired consultant Aaron Wills to obtain the records, and Wills filed the suit.
More often in Hawaii, the battle for open records is fought in the state Legislature, where there have been less-than-optimal results.
For example, this year Senate Bill 2121 was enacted, making permanent an exemption to the requirement that members of a board have their discussions in the public setting of a regularly
noticed meeting.
The members of the county councils sought a wide exemption, but the bill that passed at least constrained the exemption. Board members may have these “limited meetings” if they attend as guests, and attend only one per month.
This exemption, watered down as it is, should not have been necessary. The business of elected boards should be conducted at regular meetings where the public can hear the discussion and witness the decision-making process.
The congressional act was plainly needed to counter what seems to be a pervasive bent of government to keep information to itself. In fact, that information belongs to the public by default. And that public shouldn’t have to fight so hard to keep its affairs in the sunshine where they belong.