Just About When You Think You’ve Heard It All—

You know for sure you never will.

The St. Louis County Council got into a recent snit because some members wanted to go behind closed doors to discuss, brace yourself:

Missouri’s open meetings law.

The agenda also included rules for public comment at council meetings and learning more about the Sunshine Law itself.

Things bogged down when Council Chairwoman Shalonda Webb began to read from a handbook on the Sunshine Law published by the Attorney General’s office.  One council member accused her of filibustering.  Eventually enough council members walked out that there was no longer a quorum and the meeting could not continue.

The meeting represents the eternal conflict between a government of the people and a government in spite of the people.

Government, even in this great land of so many kinds of freedom, thinks it can operate best away from public view or later public scrutiny.  That’s speaking generally, of course.  But since Missouri’s Sunshine law was engaged fifty years ago, various individuals and groups have tried to carve out secrecy gaps for themselves.

Our campaign finance laws, for example, let us learn far less than an informed citizenry would find helpful in understanding who is buying what, or trying to buy what in our statutes and our bureaucracy.

Five years ago, voters changed the Missouri Constitution to require greater obedience of our sunshine law by the legislature.  But now the people you and I elected to represent our interest are pushing a bill that closes more records that reveal how our laws are shaped.

Bureau Chief Jason Hancock of Missouri Independent, a respected colleague in our active reporting days, whose agency is an important addition to a capitol press corps that has been greatly diminished in recent years, summed up Senator Andrew Koenig’s bill a few days ago: “Any record of a state lawmaker or their staff pertaining to ‘legislation or the legislative process’ would be closed off to public scrutiny, except for those offered during a public meeting or involving a lobbyist…The bill also closes records held by the government pertaining to a constituent, though lobbyists wouldn’t be covered under this provision. Koenig deended the proposal at a legislative hearing…arguing that sometimes lawmakers “need to be able to think out loud with your staff and before you get a finished product.” But to government transparency advocates, the push represents lawmakers trying to carve themselves out of a constitutional mandate imposed on them by the voters of Missouri.”

The concept of having secret time so candid policy discussions can be held is a constant excuse for closing doors. The idea is understandable on matters of national security.  But it is garbage most of the time.

Jason also quoted Litigation Director David Roland of the Freedom Center of Missouri, who said, ““The legislature really doesn’t like the fact that the people amended the Constitution to say that they had to provide a greater level of transparency than a lot of these legislators are comfortable with. But that’s what the people decided. And now legislators are trying to insulate themselves from oversight by the public.”

Some in government argue that extensive demands for records or copies of records that are supposed to be public constitute “abuse.”

Does anybody else think it is absurd that a citizen has a right to get supposedly public records without being hassled or without having to get a second mortgage to pay for cophing or—as has been proposed—the time spent REDACTING INFORMATION THE CITIZEN CAN’T KNOW?

Who’s the abuser here?

It is a mistake to think that the only people who care about this issue are members of the press. Yes, open meetings and open records laws are important for those who believe they work as trusees for the public. But “the public” needs to understand that there are all kinds of records about it and the public has a right to see those records.

That right is enshrined in one of the sacred documents of our nation—“Governments are instituted among Men, deriving their just powers from the consent of the governed.”

“The governed” should be wary of lawmakers who decide the people do not need to know or are incapable of understanding how their government is run or who really runs some of it.

Too many of those we entrust to govern us do not trust us to know what they do.

By, for, and of the people?

Let’s not kid ourselves to often.

 

 

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