It wasn't a good legislative year for "sunshine law" advocates - with
one major exception. After a five-year campaign, a Mount Pleasant housewife
finally succeeded in her fight to open disciplinary hearings of the S.C. Board
of Veterinary Medical Examiners.
Marcia Rosenberg is the first to say that the bill signed by governor on May
31 isn't all she'd hoped for. She told us that during last-minute negotiations,
"I had to give in" on some points, "but my main goal always was to open the
hearings. Now, once a complaint is filed and the board decides to hold a
hearing, the case is open to the public."
Among her regrets is her failure to get a second consumer member added to the
veterinary board. She also is concerned about what she describes as "gag"
language that prevents the discussion of a complaint unless the board agrees
that it has merit and schedules a hearing. Still, no one knows better than
Marcia Rosenberg what a major victory the open hearings constitute.
She began her efforts in 2001, a year after her kitten nearly died after what
generally is viewed as routine surgery. The kitten was saved by another
veterinarian. Her difficult experience during the complaint process, including a
closed hearing, led to her determination to give the public more access to
information about disciplinary actions. The vet involved in her case had his
license suspended in 2002 for a year and, two years later, agreed to stop
practicing in South Carolina.
For the last five years, Mrs. Rosenberg has been a fixture in Columbia,
lobbying lawmakers to open the process. She says the senator from her district,
Larry Grooms, "was incredibly supportive. He worked so hard at the end with the
negotiations." She also praised Sen. Glenn McConnell and Rep. Ben Hagood for
their help over the years. Mrs. Rosenberg tells us she now spends hours every
day helping those with potential complaints better understand the process, along
with providing moral support. "There's a huge need out there," she said.
Mrs. Rosenberg's determination played a big role in her ultimate victory.
That same kind of stamina will be called on to get some clearly needed changes
in the state's Freedom of Information Act. Most of a three-part package pushed
by the S.C. Press Association this year failed even to make it to the House
floor.
Few abuses of that law are more blatant than those involving executive
sessions. The proposed change would require officials to affirm by affidavit
after a session that they had complied with the law. Another would have reduced
the waiting time for FOI requests and a third would have tightened the law
against so-called chance meetings of public officials.
Some believe the press' inability to make its case this year had something to
do with its efforts to keep open meetings of legislative caucuses.
The House did agree to what should have been an easily passed measure known
as the "Kinko bill" that would have prohibited public bodies from charging more
than the going commercial rate for copying documents. A press survey showed a
wide disparity of charges, with the top at $6 per page. But even that
consumer-friendly bill died in the Senate.
There's always another session. And Marcia Rosenberg's success is a great
reminder of the importance of not giving up.