Transparency is key to democracy
At New Mexico Foundation for Open Government, we’re excited Sunshine Week is here and proud to join organizations and individuals in promoting the significance of government transparency and accountability.
Sunshine Week is an annual reminder of the importance of open government and the dangers of excessive and unnecessary government secrecy. It coincides with James Madison’s birthday, the author of the Bill of Rights, and National Freedom of Information Day on March 16.
FOG believes that conducting the public’s business in public benefits advocates, activists, agitators and the public bodies whose operations are strengthened by public scrutiny. In New Mexico, there are two laws that do just that — Sunshine Laws — the Inspection of Public Records Act (IPRA) and the Open Meetings Act.
Secrecy has the potential to corrupt any institution, public or private — and is one of the reasons FOG exists. As part of our mission, FOG operates a free hotline where callers can get answers to questions about public records and public meetings. Hundreds of calls are made each year to the hotline, many because public agencies, through ignorance, unfamiliarity, lack of resources and in some cases malfeasance, make it difficult for the public to access records or attend public meetings.
Just this week, the FOG hotline received a call about a rolling quorum in Las Cruces. The practice is outlawed in New Mexico.
A reporter called and said she was told she could not take photos or video at a polling location during the recent Rio Rancho municipal election. She was also instructed who she could and could not talk to at the polls. FOG felt any denial of the reporter’s request was a violation of the public’s right to know by in essence saying, “We’re in charge. Don’t question us. We’re not telling you what’s up.”
Another caller said the New Mexico Environment Department’s forms designed for use by records requesters had language that could be considered problematic. The agency changed the forms after FOG pointed out the issue.
The hotline is not all we do, but part of FOG’s mission to advocate, educate and litigate on behalf of transparency.
FOG works every day to defend transparency because we know there are obstacles and barriers to public access. The hurdles include those who want to make record requesters prove a record is public and those who want to add fees and restrictions about what records are public. There are agencies that lack sufficient staff and infrastructure to efficiently process records requests, and there are even elected officials who want to discuss the public’s business in closed sessions.
We know that public records are vital for “we the people” to be able to hold officials accountable. Our Sunshine Laws are designed to allow the public to know what happens in a courtroom, or the Roundhouse, and in public meetings. Without transparency and the ability to request and inspect records, there would be no consequences or deterrents for malfeasance — government could run amok.
President James Madison may have said it best, “A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own governors, must arm themselves with the power which knowledge gives.”
At FOG we know government works best for everyone when agencies prioritize the public’s interest, proactively disclose public records and hold meetings in full view of their constituents. Support government transparency and join with FOG so everyone can better secure their democratic rights.