Indiana state Sen. Beverly Gard, a Republican from Greenfield who has long championed the cause of open government, will try again this year to put teeth in the state's public access law.
If every Indiana lawmaker felt as Gard does about the importance of making government records easily available to all citizens of the state, we would have far fewer government doors shut in the faces of Hoosiers.
It was Gard and, from this area, Rep. Russ Stilwell, D-Boonville, who led a successful campaign in 2007 to limit the ability of public officials to hold "serial meetings." That was a shameful tactic used by some officials to legally prevent Indiana residents from attending some meetings of their government boards.
The new law came as a huge victory for the cause of open government, but there remain other government doors that need to be opened to the public.
The issue for this session is one that prevents citizens from easily gaining access to some public records. Indiana law already makes those records legally available, but that law includes no sharpened teeth for officials who resist.
Indiana has made progress in this area of public policy. Former Gov. Frank O'Bannon temporarily created the public access counselor position to advise citizens and officials on the law and to render opinions on whether the law was violated.
The counselor position was later made permanent by the Legislature, but the law still lacked a serious enforcement mechanism. Even with the counselor giving an opinion that public records should be provided, the elected official could refuse. And then it is left to the person making the request to seek relief in court.
We would guess that in a lot of cases, that is the point at which the frustrated citizen asking to see public records walks away.
Anyway, Gard has introduced Senate Bill 232 in the current legislative session. It has been referred to the Committee on Local Government. It would allow a court to assess a civil penalty of up to $1,000 against public officials or employees or the agency itself for refusing to open records or meetings to the public.
Everyone remotely involved with this issue knows that a law lacking teeth is a law difficult to enforce.
The Legislature seems to take its time dealing with public access issues, and that may prove to be especially true of one that threatens political allies back in the home county with hefty fines.
We understand that, but we ask that lawmakers give Gard's bill a fair discussion, and then, we hope, pass it in some similar form during the current session.
In doing that, lawmakers could truly boast that the interests of their constituents —not their cronies — come first.
From the Evansville Courier Press
Friday, January 16, 2009