SHINING THE LIGHT ON YOUR GOVERNMENT | 3
NOW YOU SEE IT, NOW YOU DON’T
Closed Meetings
While public meetings are presumed open, there
are times when it is in the citizens’ best interest to
let government officials discuss some business in
secret, as long as the reason for the secrecy is made
clear in a public meeting.
This type of meeting is
called an executive session, and there are certain
circumstances where it may be warranted:
Potential Litigation,
when discussion with an
attorney in public would hurt the attorney’s case
Property deals or contracts,
when public
knowledge of the discussion would likely
increase the agency’s costs
A job applicant’s qualifications
or performance of
a government employee
Complaints
against a government employee
Despite circumstances that lead to a meeting being
held in secret, government officials are not allowed
to make decisions or hold a vote in a an executive
session. All major decisions must be made by a vote
in a public meeting. If you feel business is being
conducted in secret that should be made public, you
may challenge the action in court or contact the State
Auditor’s Office.
The Sunshine Committee
Officially called the Public Records Exemption
Accountability Committee, this group was established
by the Washington State Legislature in 2007 to
examine the more than 300 exemptions to the Public
Records Act that have been creeping in since the
original Public Disclosure Act was passed. It consists
of 13 members whose job is to recommend to the
Legislature which exemptions should be eliminated,
which should be narrowed and which should be
time-limited.
WHY CONTINUE TO FIGHT FOR OPEN
GOVERNMENT IN THE UNITED STATES?
Even in our country, there are government watchdogs
who devote a lot of time and energy to making sure
that our government remains open and honest about
its policies and procedures. They chose to do this
because they believe in the following basic principles:
• The Declaration of Independence states that
all people are equal. Citizens and government
should have the same access to information and
no one can deny that right to individuals.
• The government exists to serve the people. If the
government does not protect the people’s rights,
it is our right to alter the government. In fact, it
is our duty to alter the government to make sure
it serves the people.
• In the U.S., we have the power to alter the
government. Our vote is one of the most
powerful tools we have at our disposal to
change things we don’t like. But without open
government, how would we know what needs
to be changed? Our entire system of
democracy depends on an open government
and allows the people the power to change it
as they see fit.
• Those with the information have the power
to govern. James Madison once stated,
“Knowledge will forever govern ignorance.”
In our government, people should have equal
access to information — because the people
control the government, not the other
way around.
CLASS ACTS: GETTING TO THE (COMMON)
CORE: SPEAKING AND LISTENING
Consider Libraries
There are over 300 exemptions to the Public Records
Act. One of these exemptions concerns library
records. This means that information on what you
check out from a library remains personal and private.
Many people feel strongly that this information
should be protected, and that allowing the public to
access library records would be a violation of your
privacy and civil rights. But what about allowing the
government to access these records? In 2001, the
USA PATRIOT Act was passed, including section 215,
which makes it possible for the government to access
your personal records from libraries and bookstores
to see what kind of material you are reading. This has
been widely protested by librarians and civil rights
activists, who feel that it violates our rights to freedom
of expression and privacy.
Think of the reasons for and against having library
records made public. Discuss as a class:
Do you feel your personal rights would be violated if
anyone could see what you were checking out from
the library and reading?
Why or why not?
Should the government have access to library records
so they know what people are reading?
Why or why not?
Share your opinion clearly and persuasively and
evaluate other students’ points of view.
Continue your understanding of the topic by
visiting the American Library Association website,
ala.org
, for a list of issues regarding your intellectual
freedom. Choose one of these
issues to research further, then report back to your
classmates on what you have learned. Create
a mind map of all of your findings related to
intellectual freedom and government involvement.
How do I obtain public records?
So, now that you understand the importance of public
records, here are some tips and tools to help you get
what you need from the government:
•
Be specific about what you want.
You are not
required to say who you are or why you want
the record, but you should make your request
as clear as possible to the public office you
are contacting.
•
You can make your request orally or in
writing.
See examples of letters for requesting
information from a federal or state government
public office.
•
Be courteous to your public officers
. A little
politeness goes a long way. Asking for, rather
than demanding, the information you seek may
actually get you closer to your goal more quickly.
•
Wait for a response.
The agency must respond
within five business days. Agency officials can
either give you the record, deny the request,
or say they need more time to gather the
information and tell you how long the delay
will be.
•
Be persistent if you have to.
If the record
should legally be public, then you have a right to
it. Don’t give up the first time you are told “no.”
