BY JEAN TOAL
We in South Carolina are reminded during this week's focus on open government of the role it plays in service to democracy. You might never ask to see a public record or want to view a trial, but the fact that your right to do either is secured by law allows each of us to have greater confidence that our government is working in the public interest.
In our state constitution, the first section of the first article provides that "All political power is vested in and derived from the people only." Under this language, it is clear that any power exercised by government flows from the citizens.
In order for citizens to participate in government and make informed choices on government matters, citizens must be able to acquire information about government operations.
Over the years, rules and customs allowing some secret governmental action developed to accommodate specific needs. The fact that some secrecy is tolerated in government does not mean that all secrecy will be, and there has always been tension between the government's desire to operate in secret and the citizens' interest in learning about governmental actions.
During World War II, the government became increasingly secretive and inaccessible to citizens. In response to this trend, government reformers and press groups started a movement to secure greater citizen access to governmental information. Some states enacted legislation to limit closed meetings while other states required more records to be open.
The S.C. General Assembly addressed the problem of government secrecy in the early 1970's by enacting the Freedom of Information Act, which imposed limits on both closed meetings and closed records of governmental entities. Cementing the link between open government and democracy, the General Assembly made a specific finding that "it is vital in a democratic society that public business be performed in an open and public manner," allowing citizens to discover what their public officials are doing and what decisions they are making.
During my service in the General Assembly, the provisions of the Freedom of Information Act were reviewed periodically, and many of us worked with concerned citizens to adopt amendments that would close loopholes and keep government open. I have been told that our law is widely endorsed as a model for open government, and that it is the foundation of the open government law adopted by the Cherokee Nation in Oklahoma.
At times, courts are called upon to decide disputes in many areas, including contests between citizens and government over access to records and meetings. Court records themselves are open as are most court proceedings, and this right of public access to our courts is protected by the constitutions of this state and the United States.
When called upon to interpret our state's Freedom of Information Act, the Supreme Court of South Carolina has consistently ruled that the purpose of the act is to protect the public from secret government activity. These judicial decisions have been based on the rationale that when the doors to government meetings and the drawers of government records are open for all to see, government is more likely to function fairly, justly, and honestly.
I am pleased to join with this newspaper and the South Carolina Press Association during Open Government Week to note that a government of the people, by the people and for the people will flourish in sunshine and wither in secrecy.
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