Who owns government

Who owns government?

National Sunshine Week spotlights open records, meetings
March 11, 2007

March 11-17 marks National Sunshine Week – a yearly event that spotlights the key role open government and freedom of information play in a system “by, of and for the people.”

The Florida Society of Newspaper Editors founded the event in 2002, after Legislative attempts to pass a series of Public Records Law exemptions.

But it’s not just news media who have a vested interest in open government.

In fact, when it comes to public records access, Florida law does not recognize any difference between journalists and other citizens.

“Oh, but it’s none of my business,” some nevertheless insist.

To the contrary, by definition, government’s everybody’s ‘business’…and each citizen a ‘co-owner.’

Just a few of this area’s ownership concerns include: what we’ll pay in property taxes and how broadly the public will benefit from spending of those dollars; who will pay for incoming growth (versus who will profit from it); how will irreplaceable natural resources be protected; where will new roads go and which old ones will be repaired.

In Florida, public business must be conducted during open hearings – in the “Sunshine,” as opposed to behind closed doors. And citizens have the right to review the public record, at will.

Florida government agencies must provide records to anyone who asks, in a reasonable time period. Employees may not ask what the information is needed for.

Public records offer a paper trail on how official business is conducted…and tax dollars are spent.

Open government is thus a key check ‘owners’ hold against abuse of executive power. People are less likely to do the wrong thing, if they think they might be exposed.

When government happens behind closed doors, on the other hand, and ‘owners’ aren’t allowed to sit in or review records, it’s hard to keep an eye on the business.

The Santa Rosa Register has experienced few problems obtaining requested records from this county’s officially structured government.

However, the importance of open government and paper trail records has gained new urgency in recent years, with the proliferation of ‘public/private,’ or ‘quasi government’ agencies.

‘Quasi-government’ operates in a grey area that makes it hard to tell exactly who its ‘owners’ are.

Legally structured as private, ‘non-profit’ corporations, “quasi-government” may nevertheless wield a great deal of power and influence over vital aspects of public business.

In Florida, ‘quasi-government’ has been handed oversight of transportation planning, affordable housing, social work, hurricane recovery; “economic development,” and other services…many very well-funded, indeed, by taxpayers.

Such agencies are often staffed with unelected appointees from special interest groups -- like big development companies and regional electricity monopolies.

Sometimes, a ‘membership fee’ is required to participate in the agency’s decisionmaking process…even if taxpayers are footing the bill for agency overhead and operations costs.

Despite their official role, quasi-governments’ corporate structure appears tailor-made to circumvent open government laws.

Some such agencies have claimed they’re exempt from Sunshine Law…conducting unannounced meetings and other forums behind closed doors; and refusing public access to records.

Florida law stipulates that agencies which carry out public business must conform to open records statute.

The laws are less clear about “quasi-” meetings in the Sunshine.

Ultimately, we predict, “quasi-government” trends will weaken public ‘ownership’ of government; largely by getting around freedom of information and open meetings laws.

Indeed, well-oiled “quasi-government” arrangements threaten to allow elected and unelected officials and special interests to set up alternative, ‘members-only’ forms of government:

They offer selected participants (read: lobbyists) a “direct line” to government officials that the general public does not enjoy.

They allow special interests a hand in official decisionmaking…sometimes outside the Sunshine, in closed-door meetings.

Public dollars that go to “quasi-government” may be reclassified as “private” donations once they’re deposited in “public/private” bank accounts; thus creating an avenue to “launder” money and spend it; or pass it to unauthorized persons; without leaving a paper trail.

Santa Rosa Register maintains the position there’s no such thing as “quasi-government.”

You either work for the public or you’re a private entity, like every other citizen.

But we predict “quasi-government” grey areas will eventually render some citizens “more equal” than others; and shift open government…and paper trails…and public ‘ownership’…towards the shady side of the money tree.

Governor Charlie Crist has set up a special cabinet position to oversee statewide public records compliance; and we applaud those efforts.

But we’re also taking this week to reflect on Government in the Sunshine; and the challenges we, its current ‘owners,’ face in keeping it there.

To lighten things up a bit, we’ve printed cartoons from around the nation, recognizing Sunshine Week, throughout the print issue.