Register today for the Sept. 13 FOIFT conference.
FOI Column: Keep information laws working as intended to help all Texans
By Kelley Shannon
When it’s time to take a hard look at our public officials and decide which ones to re-elect – or reject – we need information.
A major source of that information is the government itself. Access to public records and meetings is essential for us to know the facts and speak out about how government is run, during election season or any time.
Among the tools at our disposal are the Texas Public Information Act, the Texas Open Meetings Act and the federal Freedom of Information Act along with transparency provisions in other Texas laws and the state constitution.
As strong as these tools are, we must be vigilant about keeping them sharp.
Our information laws at times require legislative updates to reflect how records are created, stored and used in the modern world. For example, providing easy-to-find online information and searchable-sortable spreadsheet data when it exists, instead of old-fashioned copies, should be the norm. Unfortunately, not all governments do this voluntarily.
Just as important is the need to overcome barriers some governments intentionally use to block information access. Loopholes in the laws must be closed. Enforcement should be fine-tuned.
The nonprofit Freedom of Information Foundation of Texas will explore these transparency issues and protection of First Amendment rights at its annual conference Friday, Sept. 13, in Austin. Conference registration is available to all who are interested.
The FOI Foundation also hosts regional training sessions to help Texans learn to use the Public Information Act and Open Meetings Act. The next seminar is Oct. 16 in Edinburg in the Rio Grande Valley.
Open records and meetings allow us to go beyond government officials’ spoken words or spin and let us see how decisions are truly made and how governing is carried out.
How is taxpayer money spent? Are contractors who are building roads and bridges meeting deadlines and ensuring safety? Do school districts, cities and counties effectively manage programs and budgets?
Government information belongs to the people, and in almost all cases it needs to flow freely, without delay.
The “public’s right to know does not depend on the whims of officials, elected or non-elected,” former Texas Lt. Gov. Bill Hobby, who held office when the state’s open records law was enacted in 1973, once explained at an FOI Foundation gathering.
“Winning an election or getting a government job doesn’t make anybody smarter than they were before, or less subject to the law. In fact, public officials not only have to obey the law like everybody else, they have an even higher duty,” he said.
The Texas Public Information Act presumes documents are open unless there’s an exception in the law to releasing the record. Even then, in most instances a governmental entity must ask the Texas attorney general’s office for permission to withhold it. That’s a safeguard that provides oversight and can deter the entity from acting in bad faith toward a requestor.
The Open Meetings Act, meanwhile, makes the meetings of many governmental bodies open to everyone unless there’s a specific exception allowing a closed session, such as deliberation on a pending real estate transaction or personnel matter. But no action can be taken behind closed doors; the public has a right to know about and observe the body’s decision-making.
These major transparency laws place power in the hands of the people. That’s something we should treasure and use.
Making this state and nation a better place is our responsibility as Texans and Americans. Demanding change when necessary – and soaking up all the information we can along the way – help get the job done.
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Kelley Shannon is executive director of the Freedom of Information Foundation of Texas, a nonprofit organization based in Austin that advocates for open government and free speech. For more information go to www.foift.org.