Working in the media, it is a fact of life that sometime, somewhere some government entity will break the law when it comes to public access, whether intentional or not. The Herald Bulletin has dealt with such instances here in Madison County, and we’ve heard about many more throughout the state, some more egregious than others.
When the state’s Public Access Counselor rules on the legality of incidents involving public access, it’s really just that: a ruling. Nothing happens to the guilty government entity. It could be said that punishment comes from public opinion and eventual removing of the offenders from office by voting. But there should be a more immediate response and that could be accomplished by giving the Public Access Counselor enforcement powers.
A survey taken by Indiana University’s Center for Survey Research, found that 91 percent of respondents thought the Public Access Counselor should be able to levy fines and take other enforcement action for violations of access laws, sometimes called sunshine laws.
Now, according to Indiana Public Access Counselor Heather Neal, only the courts can enforce open government laws, a cumbersome process at best and one that an offending government body may well escape.
Neal said her office, which is only her and one staff member, issues 300 opinions a year. Her office was founded in 1998 by then-Gov. Frank O’Bannon after a survey by some state newspapers found widespread violations or lack of disclosure by public officials.
It’s too bad that these guardians of the public trust cannot be open with their constituents.
Only the Legislature can give the Public Access Counselor enforcement power, and don’t look for that to happen in this year’s short session that begins Tuesday. It will be property tax on the General Assembly’s collective mind.
But we hope the Legislature takes a serious look at beefing up the Public Access Counselor office, in staff and enforcement powers. It’s fundamental that residents know what their government is doing. It’s also important to remember that it’s not only the media that can request government information. Any citizen can.
Some government officials will continue their opaque practices when it comes to giving out information that might damage or embarrass them. That’s why it is so important that immediate action can be taken against them. According to the survey, legislators, that’s what the people want.
Opinion
EDITORIAL: Give Public Access Counselor the power to enforce
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