Take a step to more openness

By The Gazette Editorial Board ----

For three years, supporters of open government have struggled to persuade state lawmakers to create an independent agency with power to enforce open meetings and records law. Every year, either the House or the Senate has shot down the latest proposal.

And already, the signs are clear that an enforcement board doesn't stand much chance of being approved during the 2011 legislative session. But that's no reason to abandon the effort. Legislators should at least bless a compromise so this initiative doesn't lose all its momentum.

Many groups representing cities, counties, schools and taxpayer watchdog groups still resist or fear the idea of an independent agency to make sure every Iowan can access public records and meetings, as outlined in Chapters 21 and 22 of Iowa Code. We tire of their objections. Most are unjustified barriers to residents' rightful access.

Some legislators have balked at the idea of adding another agency and operating expenses at a time when budgeting problems are more difficult than usual. We appreciate that concern, although this small enforcement agency could be funded with little impact on the budget, or perhaps via the Iowa Newspaper Foundation, Iowa Freedom of Information Council and other groups that support openness.

Other legislators say Iowa's sunshine laws, nearly 40 years old, need revision before creating an enforcement tool because of big changes in technology, security and privacy concerns. We agree that some modifications may be in order, but we're leery of adding more exemptions. When Chapter 22 went into effect, there were 11 exceptions government could make to record requests. Today, there are 60.

We urge legislators to at least create an advisory board that reviews Iowans' complaints, makes non-binding recommendations and educates officials and the public alike about our state's freedom of information laws.

The Iowa Attorney General's Office and the state Citizen Aide/Ombudsman Office continue to handle complaints. The AG Office, while it did step up education efforts a few years ago, still does not investigate more than a handful of complaints. The Ombudsman Office received 181 complaints last year, and expects about a similar number this year. But is has no power and deals with many other issues.

Ruth Cooperrider, acting state ombudsman, told The Gazette she would thinks an enforcement agency is needed but an advisory board would be useful in the interim. She's right. Iowans deserve at least a foot in the door toward more openness in local and state government.