Letting the sun shine in on the public's business

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A good-old-boy network is alive and well throughout the United States. This network is a system, often a private club, comprised mostly of men who do their best to control or strongly influence government, legal, judicial, social, religious, business and community direction, as well as party politics. Excluded are people who don't share the dominate perspective of those traditionally in power, or the structures in place.

Such local and national networks are a fact of life. While issues of morality or ethics could be raised, there is nothing illegal about group participation in a form or process of social cloning. Many people believe they know what is best for the masses, even though whatever is being spouted from whatever group will never reach the realm of universal truth.

Largely because of apathy, Americans have learned to tolerate back-room politics, deal-making and influence peddling. But citizens should complain loudly and often when a good-old-boy network, elected officials or government employees break laws by meeting in secret, without proper exemptions, in an attempt to conduct the public's business in private and seek a rubber-stamped-by-private-committee outcome.

This is Sunshine Week and the first of a series of educational essays we hope will make a difference on two fronts: First, as a warning to those who flaunt their power and act illegally that the media remains a vigilant watchdog. And second, to inspire citizens to actively join in the stand against the reality of growing abuse of First Amendment rights.

Allowing the sun to shine on government is a simple process: Americans have a right of access to meetings and records and government should be open, inclusive, accessible, accountable and transparent. Democracy will fail if citizens are not allowed into the process as the foundation of democracy is government of the people, by the people, for the people.

Government exists to aid in the conduct of the people's business and citizens should not yield their sovereignty to the agencies that serve them. In electing officials we have delegated authority, but that doesn't give public servants the unalienable right to decide what is good for the public to know or not know. Citizens should insist on remaining informed, as knowledge is necessary to retain control over the instruments (officials) created.

A number of charges of violation have been made in the past nine months in our area of North Dakota. Some were not confirmed and some apparently are waiting for an opinion. The following four, however, are the most recent confirmed violations.

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The Stark County Commission violated the state open meeting law in December 2007 when it met with Great Northern Power Development to discuss a gasification plant and coal mine near South Heart.

Workforce Safety and Insurance violated the state's open meeting law by refusing to disclose records to a critic in November 2007.

The Burke County Commission violated the state open meeting laws in September 2007 when it held an unannounced meeting to talk about the county budget.

Mandan's city commissioners violated the state open meeting law by using e-mail to discuss an issue without providing public notice in June 2007.

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In October of last year, the Tribune editorialized about governmental law breakers. Some of what was written is worth reprinting:

"It doesn't seem to be a big deal today for some public officials to claim they didn't know a lunch with the other members of a city council or commission was a violation of law. When asked about the legality of the meeting, the responses are defensive, even though public business was discussed in private. How dare the media challenge motive?

"It is the media's job to investigate the 'facts' or 'circumstances' that are claimed as justification for such meetings behind closed doors. Usually, the dozen or so different excuses that are used aren't worth a dime. Elected officials should know better, be ashamed if they don't, and recognize that when they break the law - however minor they perceive it - they are poor representatives of the people they are to serve.

"It doesn't take someone with the intelligence of a rocket scientist to understand North Dakota's open meeting laws. It does take someone who can read - and who cares about doing what is right by obeying clear and basic laws.

"One would think public officials would understand the Century Code, specifically Sections 44-04-17.1 and 44-04-31, as they pertain to basic open meeting and record laws. Ignorance is a poor excuse. Abuse is far too wide spread, however, partly because of a lack of public outcry or penalty.

"If you are a public official dedicated to understanding and obeying the law, you are commended and have our respect. If not, change your ways.

"Citizens should not allow public officials to ignore the law. Legislators should enact stiffer penalties if necessary to make sure laws are followed. The media needs to continue to be vigilant watchdogs. The Tribune will continue to do its part, and we loudly call on public officials, citizens and legislators to act appropriately."

Others writing essays this week include Susan Beehler, citizen; Pamela Kalbfleisch, director of the University of North Dakota School of Communication; Heidi Heitkamp, former attorney general; Dale Sanstrom, North Dakota Supreme Court justice; Wayne Stenehjem, attorney general; and Jack McDonald, North Dakota Newspaper Association attorney/lobbyist.

Let's all help the sun shine brightly on the public's business.

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