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Committed to open government
http://www.rapidcityjournal.com/articles/2003/12/13/news/opinion/opin03.txt
By Bill Kunerth, a retired journalism professor who
taught at Iowa State University and South Dakota State
University.
BELLE FOURCHE - With the international crises in Iraq
and Afghanistan, and the continuing
Israeli-Palestinian conflict, a worrisome unemployment
situation, a frightening national debt, and rampant
corporate corruption at home, it's difficult to get
folks worked up about something as mundane as secrecy
in government. However, it is in just such times that
government is most likely to attempt to deny its
citizens the freedoms that made our democracy possible
and are vital to its continued health.
Much concern has already been exhibited about the
encroachment on these freedoms by the Patriot Act, and
a sharp increase in secrecy among federal agencies. Of
no less concern to South Dakotans should be what is
happening here at the state and local levels of
government.
As former residents who recently returned to our roots
in western South Dakota after 45 years in Iowa, my
wife and I were deeply upset to observe the
authoritarian (to use a euphemism) state government
established by former governor and current Congressman
Bill Janklow (secret pardons, gag rules on state
officials, secret contracts to which the state auditor
does not have access, arbitrary granting of state
residency, et al.).
After writing an op-ed piece (May 10 Forum), which
pointed out that a national study found that South
Dakota ranks last in the nation in openness and laws
which discourage corruption among public servants, I
received letters from several residents citing clear
abuses of open government by local officials, and
heavy-handed treatment of persons so presumptuous as
to object to these practices.
There isn't room to cite all of these, but a few
examples should suffice:
n (1) The denial of his vote and the phony arrest for
disorderly conduct of a Box Elder city councilman for
reporting on his Web site the questionable activities
of powerful people in the community and for disclosing
dealings at an executive session of the council.
Fortunately, a judge threw out the charge.
Unfortunately, the officials responsible for this
action apparently have not been reprimanded or
punished.
n (2) An attempt by two of the trustees of the
Deadbroke Road District in Lawrence County to thwart
reasonable objections to their actions by the third
trustee and other taxpayers. The two trustees
apparently arranged for an armed deputy sheriff and a
local attorney, who was hired by one of them, to
attend one of the road district meetings. At the
meeting, the third trustee questioned the presence of
the attorney, who had no official standing with the
district, at the board table. At that point, the armed
deputy called her aside and said he was there at the
request of the attorney to "keep the peace." To her
credit, she refused to be intimidated. Possible
violations of the open meetings law by the two
trustees have been ignored by local and state
authorities and so far have gone unreported by the
press.
n (3) Harassment of a member of the Milbank School
Board - who for several years brought to the attention
of other board members, the state's attorney and the
public violations of the open meetings law by the
board. Finally, the state's attorney agreed that her
complaints were legitimate but refused to take action
against the board members or attempt to determine if
any illegal business had taken place during the secret
meetings.
It is understandable (but not right) that some state's
attorneys and community journalists may overlook
questionable actions by council persons,
commissioners, and school board members, probably
because most of these people are honest, committed and
unpaid public servants. It is also understandable (but
not right) that these officials may fail to support -
in fact, may demean - residents who object to their
fellow public officials' behavior. Often, the critics
of these officials are activists in the community,
sometimes labeled trouble-makers.
However, the message, not the messenger, must be
considered in those instances in which the legality of
the actions of public servants is at issue.
There are indications that these problems are being
recognized and addressed - to some extent - by state
government. Several of Janklow's policies have been
reversed. Attorney General Larry Long has appointed an
Openness in Government Task Force, which has written
legislative proposals that would modify the gag law,
give law enforcement officers more leeway in releasing
information about criminal activity, and provide more
realistic punishment for public officials who violate
the open meetings and records laws, thereby making
prosecution of them more likely.
Meanwhile, the media, led by the state newspaper
association, have formed a "South Dakotans for Open
Government" committee to motivate public servants to
abide by the open meetings/records laws, monitor their
performance, and encourage citizens to notify the
committee whenever they believe local officials may
have violated these laws.
Regardless of what changes are made by the state
Legislature or the pronouncements of public officials,
significant reform is most likely to occur only when
South Dakotans themselves become committed to open
government. At this point, they can help achieve this,
not only by notifying their state's attorneys of
possible violations of the open meetings/records laws
by local officials but also by contacting South
Dakotans for Open Government - Box 8100, Brookings, SD
57006, 692-4300, info@sdog.org, 692-6388. Membership
in the organization is open to any interested citizen.
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