Citizens empower their governments with a tremendous amount of authority – to collect and spend money, to protect individuals and communities from harm and to make decisions that will ostensibly reflect their constituents’ will. There is an implicit contract of trust that underlies this arrangement, but as with all such agreements, the ability to verify is essential. In exchange for the significant power citizens ascribe to their local, state and national governments, they receive the promise of transparency. Ensuring that our various governments adhere to both the requirements and intent of transparency laws is critical to an enduring democracy, and each year – in anticipation of spring – Sunshine Week, a nationwide conversation about the importance of open government, reinforces the tenets to citizens and governments alike. It is a useful exercise that underscores a fundamental element of democracy.
The week’s premise is simple yet crucial: “to promote a dialogue about the importance of open government and freedom of information.” For the media, this dialogue occurs daily, year-round. But engaging citizens and various governments in the discussion emphasizes the relational, interactive relationship between the governed and the entities entrusted to make and administer laws. This can be a philosophical conversation, but concrete illustrations of what is expected with respect to freedom of information and transparency laws are often more useful.
The Durango Herald’s request for a month’s worth of invoices, credit card payments and items out to bid went to La Plata County, Fort Lewis College, the cities of Durango, Bayfield, Ignacio and the school districts in each of these communities. In each instance, the entity responded within the three days allowed by law, and gave cost estimates on procuring the information sought. In cases where the number of bills paid was high, the corresponding cost to retrieve and copy the information was also elevated. This prompted conversations between the Herald and the relevant record-keeper about how to convey the information – in letter or spirit – without undue cost or time burden. The dialogue was useful in each instance, and reflected both an awareness of and commitment to transparency.
The variation in record-keeping practices among the entities also influenced how readily each could deliver the information sought. That is a particularly relevant variable that bears addressing in transparency laws. Electronic records are far more readily searchable, shareable and durable than their paper counterparts and establishing a means by which to provide public information via what is now standard technology would save time for all parties – not just in terms of fulfilling open records requests, but in keeping records in the first place.
The Colorado Legislature considered – and killed – a bill last month that would have brought the state up to date in the open records realm by requiring entities to deliver files, when possible, in a “machine-readable” format where available and appropriate. It was curious and regrettable that the Senate State, Military and Veterans’ Affairs Committee killed the measure, which would have affirmed the state’s commitment to transparency.
In the meantime, local governments in and around La Plata County continue to respond expeditiously and courteously to open records requests, suggesting they are mindful of the expectations and intent of open government laws – a critical element in ensuring taxpayers’ trust.
