Upholding that oath…
By Evelyn Pyburn
Some many years ago, a school board in the area had been meeting, since forever, in closed sessions with no media ever covering them. The first time a reporter showed up they were shocked – shocked that what they did, said and decided was something the public should know about. It took them awhile, but they got used to it.
It’s been decades ago now, when I attended my first meeting of the MetraPark Advisory Board and found that there, too, was very strong resistance to open meetings. Meetings were “posted” by tacking an agenda up across the hall from the manager’s office. No financial information was available. In order to keep from disclosing what was being talked about the agenda items were numbered on a sheet of paper which the manager then passed out only to board members. When the board voted on something it was identified only as Item No. 6 or whatever number it was.
I was once directly asked to leave. Another time the meeting was held as a barbecue in the backyard yard of one board member with no invitation to the media, specifically to avoid the media.
When the lack of transparency was brought up to the county commissioners at the time, I was told “We don’t micromanage.”
I heard a story about how another public board didn’t want a reporter present and they ended their meeting, with the intent of moving it to a restaurant, only to be followed by a Gazette reporter, who continued for the rest of the evening following them from location to location.
Then there was the time that the president of a public board, called for a break in the meeting, and one by one the board members stepped out in the hallway to confer about something they didn’t want to talk about openly.
A similar gambit now, with current technology, is to hold what essentially amounts to a meeting by contacting each board member individually. While that can be legal, so long as it is “noticed” and the text or email data is made public, if it is done to avoid being public it is illegal under Montana law.
Still another public body decided they could side- step open meetings by creating a secondary “private” non-profit organization. Then they got a local attorney to declare that as such it was not required to abide by the state’s open meeting and public information laws. That legal opinion was called “hogwash” by a much better lawyer, who pointed out that Montana law says that if an entity takes so much as $1 of taxpayer funds they must abide by open meeting laws. And, of course, they were using taxpayer funds. Not letting the public know how they were spending the money was the whole point of it all.
More recently, the leader of a gathering of public officials speculating about solutions to a problem refused to tell the Yellowstone County News the details. Fortunately another member of the group was much more forthright and provided the information.
For all those who want to conduct business in the dark, there are, indeed, public servants of greater caliber who are forthright and want daylight shone upon their activities. So it is quite often that media is made aware of situations by those who understand and respect the public they are serving.
Among all the board members, years ago, at MetraPark, who should have known better and should have stood up for the law, there were a couple who were exemplary – and one poor guy brought the wrath of the group down upon himself by attempting to get his cohorts to comply with the law. He is an individual to be admired.
In another case, I felt I had my own “deep throat” because of periodic phone calls I got from a woman who refused to identify herself.
There was only one incident, however, in which I witnessed a board member stand up and declare that he was leaving if they were going to close a meeting to discuss a subject that should have been public.
It is surprising to see how frequent, persistent and creative some citizen representatives are when trying to circumvent the public’s right to know. Why they do it is a baffling mystery.
While I used to get quite anxious about it, I don’t anymore because I learned that sooner or later, whatever they are trying to hide comes out — at least if the media is playing its role – and however bad they thought it might be, when it finally does come out, it is ten times worse than if they had just dealt with it honestly.
If you serve on a public body or hold a public office, and you and others are trying to manipulate the minutia of law to hold a meeting so that the public or media are not in “the know” — STOP! STOP! STOP!
Or maybe you are sending emails between meetings, or making phone calls, or passing notes under the table. Again, STOP IT! Stop and resign your position immediately, because if you are not there to serve the public – to be a liaison for those you are trying to deceive – then you have no business holding such a position.
There is nothing – absolutely nothing — that you should know about that should not be public knowledge (except the very, very limited provisions for personnel privacy allowed for by law and even that does not provide as much cover as many like to extend.)
The primary purpose of whatever role you serve in government is to provide honest and open government – one which every citizen can trust. It is an excruciatingly important role and to violate your pledge to do so is contemptable.
Government cannot be corrupt if the full light of day shines upon its actions and media reports it. Even if, at one moment in time, it seems a greater good would be served by keeping something secret that seldom if ever proves to be the case. If you can handle the truth, so can your neighbors. Trust to citizens to ultimately make the right decisions – they are who you serve – all of them, not some favored few.
Getting your way, “by hook or by crook,” is the method and mentality of tyrants and power mongers who never serve the greater good. A peaceful, civilized and free society withstands mistakes or poor decisions far, far better than they do the dictatorial powers of those who perceive themselves to be superior and invincible.