Nevada County Picayune and Gurdon Times Newspaper Archive

Board members should know the FOI

Im not a fan of excessive legislation. And though I think our government occasionally enacts laws that should be left to individual preferences, Im the first to admit that most laws that have a legitimate place in society.

The Freedom of Information Act is one of those. I understand that its sometimes rather difficult for an entity to fully comply with the FOI, but I also know that the law insures that boards are accountable to those they represent. Over the past few weeks, Ive heard some conversations that have me a bit concerned. It seems that at least some city board members see the benefits of talking about city issues outside the board room. The law is very clear on this point and any issue that might be brought before the council for action in the future is not a topic that can be discussed in private. Think it sounds like a stupid law? Consider what could easily happen.

If board members Jimmy Joe Bob and Cindy Lou-Lou meet at the grocery store, theyre likely to strike up a conversation. Since they have little in common, talk naturally turns to some board issue. Both express an opinion and Lou-Lou comes to JJBs side. Later that day, each meet up with another board member and Lou-Lou explains what changed her mind about the issue while JJB manages to sway another vote. Without ever making a single public comment, half the board (or more than half in the case of some boards) have made a decision. It may very well be the right decision, but the public will never know about the reasoning.

Besides that, JJBs way of persuading these board members might be to promise to support some other legislation in the future. The only way to ensure honesty is for board members to hold each other accountable. If no one will listen to Jimmy Joe Bobs comments outside open sessions, its not likely to happen. If Jimmy Joe Bob has to express his opinion during the public meeting, board members and the public have the opportunity to hear from anyone who wants to talk, and to judge the merits individually.

When I see a group of city board members standing around talking after a board meeting, I hope theyre talking about the weather, the Wolves or the price of tea. But I watched a discussion go on among several board members after a recent board session had ended and they were clearly continuing a discussion that had begun in open session.

I hope the members of all our local boards will take time to read the FOI or to refresh their knowledge of the law. I also hope citizens will take time to become acquainted with the FOI.

While the FOI goes a long way toward demanding honesty and limiting discussions to open sessions, its still up to the board members to monitor themselves and each other.

Ive become fond of saying that perception is almost as important as reality. And as Im equally fond of saying, if it waddles like a duck and quacks like a duck and looks like a duck, most people start to think that it just might be a duck.