Bismarck Tribune - North Dakota News - Open meetings and records law isn't an enemy

Open meetings and records law isn't an enemy

Aug 09, 2007 - 04:02:55 CDT

Chapter 44-04 of the North Dakota Century Code, our state's collection of statutes, might not be the most scintillating reading, but every elected official in the state ought to know its contents as well as their own names.

It's the law on open records and meetings.

And even if some elected officials find reading the chapter onerous, city attorneys ought to be able to close their eyes and see every page.

It's been necessary for Attorney General Wayne Stenehjem to issue 11 open records and meetings opinions in 2007, and the year isn't over yet.

Sometimes, it's to say that the law hasn't been violated. But all too often, it has.

The latest attorney general's opinion addresses the city of Mandan. It's a report of some things having been done right, others most certainly not.

It takes nine and a half pages to lay out the opinion in detail, including a recitation of facts, but the crux is this: The city commission properly went into executive session on several occasions, but it came out that on one occasion topics discussed in secret went beyond the announced reason for going into executive session, and in two other meetings "the announcements prior to the ... executive sessions did not provide the public with sufficient information" on contract discussion, the attorney general concluded.

There's more. The city government didn't provide copies of some records requested by Mandan resident Susan Beehler in a timely fashion. The city is working now, according to administrator Jim Neubauer, to complete material to post and to provide Beehler the rest of what she sought. It was Beehler who requested the attorney general's opinion.

The open records and meetings law represents the undergirding principle of the people's government. Officials act for us. It's our business.

Elected officials and public servants often have it rough. It's not for the thin-skinned. It's understandable to have the feeling that whatever decision they make, they're going to get bashed by someone.

In Mandan, it's been difficult for a while. The politics of recall, the turmoil of the remediation process and the disruption of traffic from street construction have whittled away at the patience of residents, needing to remember that city hall people also are Mandanites.

Recognizing the tensions gives city government all the more reason to be as open and accessible as possible.

The open meetings law is notably clear and concise in talking about confidential or closed meetings. Where the law falls short is in prescribing consequences when it isn't followed. There are descriptions of remedies and civil action, even officials' personal liability for noncompliance. But it has to be asked how often remedy is sought.

The real answer is to abide by the law. It never is appropriate for a government to tell the governed: It's none of your business.

News > Opinion

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Comments

Out of touch! wrote on Aug 11, 2007 8:47 AM:

" The opinion here is just that simple opinion, but the bigger picture is that government is out of touch! Just simply out of touch with America! The bridge collapsing in Minnesota is just the tip of the iceberg. America is being swindled by the smoking mirrors of government. I am active at meetings. I call my legislators. I make sure they know how I feel, but every time I sense that they really don't get it. I will take a bullet for this country, but we need leadership that wants to fix the problems we have. This is suppose to be the land of opportunity. Due to my job, I cannot seek election for any leadership positions, but I serve on numerous boards and make sure that my voice is heard, but it is getting more and more concerning that we are losing the great country we have because our leadership is out of touch! How can we expect a leader with is worth $50,000,000 or the other candidate that is worth $50000,000 to understand middle America? We have set ourselves up for failure by electing leaders that don't pump their own gas. Our leadership from city government to the president has turned away from fixing America to paying attention to"How do I get re-elected? And how do I keep my political party in power? Something has got to give or our democracy is finished. "

Wasted Breath wrote on Aug 10, 2007 2:24 PM:

" This latest opinion by our "Great" Attorney General is a Waste of Breath. With all the "opinions" he's issued on opened meetings this past year you would think the Attorney General would establish an investigation state-wide into open meetings violations. But NOOOOOOOOOO, he'll just offer an opinion and then go about his meaningless business and ignore the fact that the RIGHTS OF THE CITIZENS OF THIS STATE are regularly being ignored at ever level of Government in this State. AND NO ONE - LEAST OF ALL THE ATTORNEY GENERAL - will do anything for the CITIZENS. The Attorney Generals job is to protect the State and Local governments from the CITIZENS. "

to park board wrote on Aug 9, 2007 2:36 PM:

" You may want to take note of this article and start having your meeting televised. "

Conservative citizen wrote on Aug 9, 2007 11:06 AM:

" To Payback, where’s my $75k? I have lived my entire life in North Dakota; I have always felt I was getting better then average government. Having said that, the public still needs to continue to be vigilant. If you feel a public servant has swindled you, what are you doing about it? If the answer is nothing other then complaining and making accusations, then you are a fool and deserve to have been swindled. "

Payback, where's my $75k? wrote on Aug 9, 2007 6:01 AM:

" Yeah, but here in Dakotey, politics is another word for "let's see what I can get for myself and my pals with this powerful position I hold..." Therefore, everything must be hush-hush, since the public would never go along with our little plans to swindle them. "

Alert citizens wrote on Aug 9, 2007 5:51 AM:

" Local, state and federal government must be completely transparent. On the local and state level, here in North Dakota, chapters 44-45 provide for that to occur. It is good that local residents can come forth and challenge those local and state entities when they have inadvertently or deliberately tried to prevent the public from knowing what is going on. It takes courage, on the part of citizens, to ask the Attorney General to issue open records and meetings opinions but it is part of the price we must pay to live in a democracy. We must all, occasionally, play the part of a watch dog. "

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