Cape Coral Daily Breeze

Open government needed at all levels

Gov. Charlie Crist has promised sunnier skies ahead for proponents of Florida’s Government-in-the-Sunshine laws.

Shortly after taking office, the former state attorney general created the Office of Open Government, a body appointed to require all state agencies to “...serve Florida with integrity and transparency.”

He charged the newly created office with two primary duties: to assure full and expeditious compliance with Florida’s open government and public records laws, and to provide training to all executive agencies under the governor’s purview. The office also will have a primary responsibility for ensuring that the governor’s office promptly complies with public records requests.

Gov. Crist appointed Pat Gleason, who previously administered his open government mediation program, as director of cabinet affairs and special counsel for open government. He appointed JoAnn Carrin, who served as his communications director, as director of open government. Lastly, the governor created a way for the public to contact his Open Government Office. Information may be found at http://www.flgov.com/og_home. The direct e-mail is cristopengov@eog.myflorida.com.

Why is this important?

The laws that govern access to government meetings and records, the so-called “Government-in-the-Sunshine” laws were passed for our protection, protection against back-door dealings, secret contracts and hidden paper trails that would not pass muster in the light of day.

The Sunshine laws give the public the right to attend, with very few exceptions, all meetings of government boards, committees, panels and advisory groups. Meetings concerning costly utility expansion projects, rezonings that could change the character of a neighborhood and those proposing new or increased taxes and fees all must be held “in the sunshine” at a publicly advertised, open meeting.

These laws, among the most strict in the nation, also give us access to a wealth of governmental records including development plans, construction contracts for public facilities, listings of sexual predators and offenders, and complaints lodged against contractors, doctors and other professionals licensed by the state. The public has the right not only to “final” documents but drafts, notes intended to communicate a position, e-mails, and any correspondence written or received in the course of public business. Compliance with these laws many in government love to hate has been sadly lacking at the top.

And where the head leads, the body follows.

It is our hope that local governments, such as the city of Cape Coral, the School District of Lee County and Lee County government, now will emulate the standard set by the offices of both Charlie Crist and newly elected state Attorney General Bill McCollum.

Commitment to open government and the prompt release of public records is a mandate, not an option, a duty, not a chore. The former fosters trust in government, the latter distrust as can be plainly seen by controversies that have cropped up in the last several months.

When an auditor hired by the city and paid for with tax dollars says his report is incomplete because he could not obtain all of the records he requested concerning the city’s multi-million dollar utility expansion project, there is a problem.

When a sitting school board member has to wrangle to receive copies of taxpayer paid for audit reports on construction projects, there is a problem.

For if government consultants and elected officials have to struggle to obtain information that should be available to John Q. Citizen at the asking, how does that bode for the rest of us? Local government also must wholly commit to living up to the state’s moniker as the Sunshine State.

Specific staffers on the local level must be named as local Sunshine Law compliance officers and mediators.

Sunshine Law mandates should be plainly posted in offices which maintain public records along with each agency’s complaint and mediation process. Complaint forms should be readily available along with an e-mail address for registering concerns or complaints.

Most importantly, compliance officers should have full and independent authority to administratively investigate complaints of records denied, delayed or destroyed and of meetings alleged to have taken place out of the Sunshine.

If an administrative review turns up evidence of non-compliance that could cross the threshold of a criminal violation, such matters should be turned over to the State Attorney’s Office, the agency vested with investigative authority on such matters.

Too strict?

We don’t think so.

Consider: A citizen group, the “Minutemen” are now conducting their own “information campaign” on Cape Coral’s utility expansion program. Parents feel so disenfranchised by the school board’s machinations that the first town hall meeting to foster “transparency” was attended mainly by school district staffers.

With the state leading the way, local government should take off the shades and embrace the Sunshine.

March 11 is “Sunshine Sunday,” the day of the year when papers across the state call attention to the public’s rights and government’s responsibilities pertaining to meeting and records access. We ask that you join us and let local officials know we demand nothing less than open government.

If we speak loudly enough, we all may be able to look forward to sunnier days ahead at every level of government.

Reproduced courtesy of the Cape Coral Daily Breeze.
Back to top | Return to fsne.org