Public Has Right to Know

Laws intended to ensure that West Virginians have access to information about and proceedings of their government are referred to in various terms, such as “freedom of information,” “sunshine laws” and “open meetings” statutes. We in the press often describe such rules simply in terms of the public’s “right to know.”

We believe strongly in it. West Virginians have a right to know about what’s going on in government — about how much money their municipal councils spend, whether schools are succeeding or failing, why county commissions are taking certain actions and what is behind bills introduced in the Legislature.

Our right to know needs to be defended simply because many of those in public office — regardless of what they may say to their constituents — would rather they be allowed to conduct business without interference by those pesky journalists, and certainly without having to reveal details of financial transactions or having to discuss sensitive issues in the hearing of those they serve.

The vast majority of time, that attitude isn’t because of ulterior motives. It is simply because many in public office believe their towns, counties, schools and state could be operated so much more effectively if they didn’t have to cope with interference by those they serve.

They are wrong, of course. Government “of the people, by the people and for the people” means involvement by the people.

Here in the Mountain State, laws regarding public access to meetings of government bodies and to the documents they generate are strong. In most situations, the law is clear: The public is entitled to know about meetings by government officials and to attend them. The public is entitled to be given copies of nearly all government documents.

But it may be time to revisit the open meetings and open records laws, to judge by information revealed in a nationwide study of the issue by The Associated Press, the National Freedom of Information Coalition and the Better Government Association.

The NFIC and the BGA last week released results of a survey of how well states do in complying with freedom of information requests. States were given letter and number grades. On a scale in which “A” and 16 were the top grades, West Virginia received a “D” and a 10.5.

In comparison to other states, that isn’t bad. Thirty-eight states received “F” grades. The highest grade was “B.”

Associated Press reporters discovered that since the state’s open records/meetings laws were adopted about 30 years ago, legislators have granted nearly 100 exceptions to them. In some cases, such as situations involving criminal investigations, such exceptions may be proper. But in others, such as an exemption to open meetings laws “to avoid the premature disclosure of an honorary degree, scholarship, prize or similar award,” they are suspect.

The more government is conducted behind closed doors, the more reason West Virginians have to be suspicious of their public officials.

Again: West Virginia’s open meetings and records laws are strong ones — and, down through the years, have been enforced well by the courts. But legislators, instead of adding even more exceptions to the rules, should consider winnowing out at least some of the existing limits on the public’s right to know. And yes, deliberations on the exceptions should be held during open meetings.