Editor's note: As part of the Sunshine Week effort, Barbara Petersen, president of the First Amendment Foundation and a member of the board of directors of the Florida Society of Newspaper editors, conducted this question/answer interview on the topic of open government with Florida Gov. Charlie Crist in Tallahassee in late February.

Crist: it’s governor’s job to promote importance of open government

By Barbara Petersen

Q.: Florida arguably has the most progressive open government laws in the country. And in your first act as governor you helped promote that reputation by creating the Office of Open Government. What was the impetus behind the creation of the office?

CRIST: I believe very strongly in open government and I think that Florida has a lot to be proud of in that regard. Because we are known as the Sunshine State and we do have sunshine laws that allow for the people to view their government. I wanted to add more impetus to that reputation by creating the Office of Open Government to reassure the people of Florida that we in the governor’s office are committed to making sure that they have access in fact to their government.

Q.: What would you like to see the office accomplish?

CRIST: The goals of the office are to make sure there is a clear, I should say a crystal clear, window for the citizens to the state of Florida to view, observe, monitor, and watch their government in action. And having an office that is dedicated to that purpose within the Office of the Governor, I think, ensures that. That is the hope, that is the desire and I think that’s going to be the result.

Q.: The Office of Open Government will ensure compliance with Florida’s sunshine laws by all executive branch agencies subject to your control and is a great first step, but how will this effect other state and local governmental entities not under your control? In other words, how do you think the Office of Open Government can help ensure compliance at all levels of government so that our next state-wide compliance audit will show marked improvement over the past few years?

CRIST: No. 1, I think it sets a good example. I certainly hope so. No. 2, I think that in working in conjunction with the attorney general’s office, other agencies within the executive branch of government, having an Office of Open Government gives them a ready-made place to go to if they have any questions about interpretation of Florida’s sunshine law. Raising the visibility, if you will, I think will have a positive impact on all agencies in state government and local government throughout Florida, so that our citizens have a better opportunity to watch it.

Q.: Do you plan on coordinating with the attorney general’s office in this area?

CRIST: I do. And I think that, you know, having been attorney general and been exposed to the enforcement of the laws from the executive branch in the attorney general’s office, now as governor, it gives you even that much more of an opportunity to project from the “bully pulpit” that the governor has to re-emphasize, if you will, the importance of open government, the importance of our democratic process, the access that should be granted to all of our citizens, and to work with others, including the attorney general, to make sure that that happens.

Q.: Each year the legislature considers, and all too frequently passes, numerous exceptions to our constitutional right of access to the records and meetings of government. Will the Office of Open Government take part in the legislative process by reviewing the proposed exemptions? Will that be left to your legislative liaison?

CRIST: I think we will utilize both; both the legislative liaison and the Office of Open Government. I think it is important to have all hands on deck, if you will, to make sure that these laws that are so precious to the people of Florida are protected; and that we are mindful and watchful to make sure that their interest is, in fact, protected; that they have the continuing ability to watch their government in action always.

Q.: What sorts of factors will you consider when deciding whether to sign into law or veto open government exemptions?

CRIST: The area that has changed, frankly, in the history of our country, the history of the world now, is the area of security, particularly as it relates to a post 9/11 world. And so issues of security would be the factors that I would be most amenable to, if you can count that as an area where I think it’s an important factor to consider and probably the only important factor to consider in any further exemptions that might be granted. I would rather not have to review any, but I would rather our world was more secure than it is today. And so being mindful of that, I want to make sure that we protect our citizens first, not reveal information that might put them in harm’s way, and hopefully we won’t have a whole lot of those to even review.

Q.: What do you think you and other government officials can do to emphasize that open government laws are for the public, not just the media? Is there a way to encourage the average citizen to make use of the law?

CRIST: I am sure there is. I think some of the most useful applications of the law have frankly been done by the media. I mean, we get requests continuously, you know, for different kinds of records, reports, information, and we gladly provide it. And I think the example sets a good one, a good tone, if you will, as to how we ought to comport ourselves as elected officials, as public officials, as servants of the people to have those records continue to go forward. But citizens themselves can certainly avail themselves of that opportunity as well for, you know, for city council meetings, county commission meetings throughout the state of Florida. And I would hope that they would continue to do so and I would encourage them to do so.

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