Much government is
open in S.C., but not enough
IF YOU HAVE EVER tried to sell a house, you may have taken the
trouble to find out what similar houses in your neighborhood sold
for lately. You may have glanced at the sanitation rating of a
restaurant. Or checked to see what complaints had been filed against
a child care center before entrusting your toddler to it.
We take for granted the ability to mine such information, just as
we take for granted the fact that signs will be posted alerting us
if the owners of the property next door want special government
permission to open a landfill — and that we’ll be able to look
elected officials in the eye when they decide whether to grant
it.
We have access to all this information because of the state’s
Freedom of Information Act, which makes most government documents
available and most government meetings open to the public.
The information available to us through this law goes far beyond
individual concerns, to matters affecting society as a whole. This
law allows us to find out if the mayor is arrested for drunken
driving or the school board fills the payroll with relatives; it’s
this law that lets you know to ask the legislator who’s talking
about his support of public education why he voted consistently to
slash school funding.
As Gov. Mark Sanford said in proclaiming this our state’s first
Open Government Week, “a well-informed public is vital to our
democratic society” because “conducting government business openly
enables the people of our state to be knowledgeable about the
formulation of public policy as well as the people involved in the
process.”
Unfortunately, there are gaps in our Freedom of Information Act.
We seal shut most ethics complaints made against public officials —
and punish anyone who dares speak of those complaints. We allow
governmental bodies to fire people in private, without explanation,
so we never know if it was a wise call. The Legislature needs to
close these and other gaps.
But these gaps are insignificant when compared with the gaping
holes in compliance. It is commonplace for governmental bodies to
manipulate the open meetings law — shuttling officials in and out of
meetings, for example, so that a quorum is never present at once, so
they can conduct public business in private. Other officials simply
ignore the law, doing public business secretly or refusing to turn
over public documents, and then daring anyone to file a lawsuit.
When they are sued, governments often lose; but the vast majority of
the time, they’re not sued, so they get away with it.
Attorney General Henry McMaster, like attorneys general before
him, routinely advises officials to interpret exceptions to the law
as narrowly as possible and to treat the law not as a privacy act,
as too many do, but as the disclosure act the Legislature intended.
The basic rule, he says, is “When in doubt, disclose.”
We have access to much information in our state; we have a legal
and a moral right to much more. We need clearer language that can
prevent end runs around the law. We need stronger punishments for
governments and individual officials who violate it outright. And we
need to challenge violations, in court if necessary. As long as the
law is so frequently ignored, Open Government Week cannot be a
celebration in South Carolina; it must be a call to arms. |