Here’s a chance to stem rising tide of secrecy
It was more than 100 years ago that U.S. Supreme Court Justice Louis Brandeis made his famous pronouncement on the cleansing virtues of public scrutiny:
“Sunlight,” he wrote in 1913, “is said to be the best of disinfectants.”
Tennessee’s Public Records Act certainly let the sunshine in — at first.
The guts of the law say that all government records shall be open for inspection by any citizen. But the act includes the proviso: “… unless otherwise provided by state law.”
When the law was first enacted in 1957, only two statutory exemptions dimmed the bright sunlight.
By 1988, however, the Public Records Act was clouded by 89 exemptions.
This year a study by the state Comptroller’s Office found 538 exemptions.
Concerned about the creeping darkness, Speaker of the House Beth Harwell and Lieutenant Gov. Randy McNally created a legislative committee to review the proliferation of exemptions.
The Open Records Ad Hoc Committee begins work Tuesday, co-chaired by state Sen. Todd Gardenhire, R-Chattanooga, and state Rep. Jason Zachary, RKnoxville. Other members are: Rep. Raumesh Akbari, D-Memphis; Rep. Jeremy Faison, R-Cosby; Rep. Bob Ramsey, R-Maryville; Sen. Mike Bell, R-Riceville; Sen. Kerry Roberts, R-Springfield; and Sen. Jeff Yarbro, D-Nashville.
The meeting will kick off with presentations by Jason Mumpower, the comptroller’s chief of staff, and Deborah Fisher, executive director of the Tennessee Coalition for Open Government. Then the committee will discuss how to tackle its daunting task.
In truth, reviewing the pros and cons of 538 sections of state law may be impossible for a summer study committee. So the legislators may want to consider some different approaches.
One is to enlist the Advisory Committee on Open Government. This body is made up of representatives of government organizations such as the Municipal League, the School Board Association and the Sheriff ’s Association as well as media and citizens groups such as the League of Women Voters, AARP and Common Cause. I’m the Tennessee Press Association’s representative on ACOG.
ACOG has been around for a decade, but it has been little used. The legislators might want to assign it to review the exemptions over, say, the next three years, then offer a comprehensive recommendation.
Another idea is to establish some immediate guidelines to slow down the growth of exemptions in the future.
Right now, any legislation that is going to cost money requires a “fiscal note,” which means it will be reviewed for its impact on the budget.
Why not require a “transparency note” on any bill that would increase government secrecy?
Then any new exemption to the Public Records Act would get an extra review to make sure it truly is needed and is designed narrowly to protect only information that must be kept secret, and not so broadly that it conceals records the public needs to stay informed — and hold government accountable.
Jack McElroy is the executive editor of the News Sentinel. He can be reached at editor@knoxnews.com.