The Times West Virginian

Opinion

March 18, 2011

Importance of open government must always be in front of public

FAIRMONT — Since 2005, news agencies around the country have observed Sunshine Week as a way to promote the importance of open government. This year’s observation is taking place this week, March 13-19.

As part of the weeklong observance, reporters around the country are putting the spotlight on obstacles to transparency in state government operations. In addition, reporters with The Associated Press who cover the statehouses in each of the 50 states are highlighting some of the progress they have seen.

It’s an important process, and one that needs to happen.

An AP analysis of new federal data shows that, just two years into its pledge to improve government transparency, the Obama administration handled fewer requests for federal records from citizens, journalists, companies and others in 2010, even as significantly more people asked for information. The administration disclosed at least some of what people wanted at about the same rate as the previous year.

People requested information 544,360 times last year under the U.S. Freedom of Information Act from the 35 largest agencies, up nearly 41,000 more than the previous year. But the government took action on nearly 12,400 fewer requests.

The administration refused to release any sought-after materials in more than one in three information requests, including cases when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law. It refused more often to quickly consider information requests about subjects described as urgent or especially newsworthy.

And nearly half the agencies that the AP examined took longer — weeks more, in some cases — to give out records last year than during the previous year.

But there were some improvements. As the AP reported, the administration less frequently invoked the “deliberative process” exemption under the law to withhold records describing decision-making behind the scenes. President Barack Obama had directed agencies to use it less often, but the number of such cases had surged after his first year in office to more than 71,000. It fell last year to 53,360.

Of course, those individuals who are seeking the information sometimes find themselves in heated situations. Fortunately for reporters in the Mountain State, a new law will help alleviate some of those issues.

On the final day of the legislative session, which concluded Saturday, West Virginia lawmakers passed a bill protecting journalists from disclosing confidential sources in most legal proceedings. The measure awaits a signature from acting Gov. Earl Ray Tomblin.

As the AP reported, the bill would shield reporters from being required to identify confidential sources in civil and criminal trials, before grand juries and in administrative proceedings. It also covers documents that could identify a source.

The bill exempts testimony that would prevent imminent death, serious bodily injury or unjust imprisonment. It also offers protection to student and part-time journalists.

The public must be aware of the importance of open government — and the dangers that can occur as a result of secretive practices — every day of the year. Annual observances and state lawmakers’ recent passage of a reporters’ shield law are steps in the right direction.

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