October 2004

AG seeks sunshine training for all officials

Wanda Garner Cash
Random Thoughts
TPA President 2004-05

Making the transition from private life to the very public life of an elected official can be a jolt for most folks, whether they’re accustomed to doing business in a corporate boardroom or over a counter at the hardware store.

There’s scant little training out there to adequately prepare a well-intentioned citizen for the scrutiny, criticism and Monday-morning quarterbacking that accompany the often-thankless jobs of school board trustees and city council members.

Regardless of their lack of preparation, however, a significant part of the job includes conducting government in the clear light of day. This is why Texas open records and open meetings statutes are referred to as “sunshine” laws because they shed light on how government works. The basic idea is to guarantee access and accountability to the people who pay the bills.

And while we don’t want to believe any elected or appointed steward of public money and welfare would intentionally draw the shades on governmental workings, there are plenty of examples of good intentions gone astray.

Indictments all across Texas show that elected officials are too often tempted to withhold public records and discuss issues and even reach agreements when they are behind closed doors, regardless of what state law requires.

When that happens and the public is shut out of the process of governance, occasionally it’s because elected officials got bad advice. Sometimes when darkness prevails it’s because they had trouble reading the small print in the open government laws. Or worse, it’s because they never read the laws.

Ignorance is hardly an acceptable excuse for folks who are elected to uphold the law. So the state’s top cop, Attorney General Greg Abbott, has a plan to get rid of the excuses and help elected officials understand the value of openness.

Abbott has called on the Legislature to update Texas’s open government laws requiring that every public official undergo open records and open meetings training provided by the Attorney General’s office.

The training expense should be offset by savings from reducing the number of duplicated requests for open records rulings. In the past year, the Attorney General’s office received 11,361 requests for rulings, many of them redundant requests about previously decided issues. Those inquiries should decline when elected officials are better informed about public access requirements.

By adopting the Attorney General’s proposal, the Legislature has an opportunity to ensure every elected official in Texas speaks with one voice in affirming open government’s vital role in our democracy.

There’s no doubt our elected officials have a monumental responsibility – from school boards and city councils to the governor’s office — and we should let them know we appreciate the long hours and hard work they put in on our behalf.

And when you share that praise and encouragement with your state lawmakers, urge them to do their part to make sure “the sun always shines on government in Texas.”