Posted on 03/28/2004 3:22:40 PM PST by SwinneySwitch
The attorney general is taking bold action to protect Texans' right to open government.
An informed citizenry is essential to the functioning of our democracy. Citizens must constantly monitor the activities of government to ensure that our representatives are responsive to the people. One of the most valuable tools available to us in discharging our civic duty is the Texas Public Information Act, which provides the means to gain access to documents held by governmental bodies. The Act protects the public's right to know about the public's business. This is not a partisan issue, because Republicans, Democrats and Independents all have an interest in open government.
The Office of Attorney General of Texas has a critical role in securing the public's rights under the Act. During his remarks to newspaper editors and publishers gathered in Corpus Christi earlier this week, Attorney General Greg Abbott underscored the importance of the Act in fostering our participatory form of government. He also outlined what he has done to implement the requirements of the Act. Despite budget cuts, he has hired additional personnel to carry out his responsibilities. He has adopted systems for expediting the issuance of opinions on pending requests for information. He has published materials to help educate officials about their obligations. He has established an Open Government Hotline (877-673-6839) to answer questions about procedures and compliance. Finally, he has pledged to all Texans that he will aggressively enforce the Act. True to his word, he recently obtained the first criminal conviction under the Act in a case involving a school superintendent. General Abbott's message is clear and simple, "there is a new sheriff in town." All who want to see more sunshine in the halls of government have a friend in Greg Abbott.
We need such an ally, because the culture of secrecy and abuse of power that prompted the enactment of the original open records law in 1973 still exists in the state. Although the vast majority of officials work diligently to comply, some officeholders regard press inquiries about their work as nuisances to be tolerated instead of legitimate requests to be honored. They ignore the Act's declaration that all information "collected, assembled, or maintained" by a governmental body is public information, unless it falls within a specific exception. Instead of presuming that they should make available the requested information, these public servants first look for a reason not to produce it. This dismissive attitude results in unnecessary delays, or in the outright refusal to furnish the information.
Problems also arise because officials misunderstand the amount of time they have to provide information. The Act requires governmental bodies to "promptly" produce public information when requested to do so in writing. This means that the production must be as soon as possible under the circumstances. If it is readily available, it should be produced then, not later. The law also states that if a governmental body wishes to withhold information which it considers to fall within one of the exceptions in the Act, the responsible official has up to ten business days to ask the Attorney General for an opinion on the request. The law directs the Attorney General to liberally construe its provisions in favor of disclosure. Some officials mistakenly believe that they have at least ten days to produce the information. Not so. They must promptly furnish the information if no exception applies. The law is designed to facilitate, not frustrate, the public's access to records.
The fundamental philosophy embodied in the Public Information Act is enshrined in its preamble: "government is the servant and not the master of the people..." Local and state officials should recall those words every time that a member of the press or of the public asks for information. If they forget, Attorney General Abbott and his staff will promptly remind them.
Jorge Rangel, a former state district judge, is the lawyer for the Caller=Times.
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