You likely won't hear about it in the nation's
major media outlets, but recent events suggest Texas may be doing
the best job of letting sunlight shine on state government. In the
process it's establishing a benchmark for others.
The big news is the recent decision of Texas Attorney General Greg Abbott to hire an experienced prosecutor as the first attorney ever placed on the state payroll to prosecute violations of the Texas Public Information Act. Abbott's move means state and local bureaucrats who prefer to operate behind closed doors could now face the prospect of fines or jail time or both for violating the PIA.
The new prosecutor's "only job in the Office of the Attorney
General will be to prosecute open government act violations,"
Abbott told a recent gathering of the Freedom of Information
Foundation of Texas.
In 2003 Jack Patton found out just how serious Abbott is about
enforcing the public's right to know. That's when he became the
first Texas public official ever prosecuted and convicted for
violating the PIA. The Patton case led to Abbott's decision to
bring on a full-time PIA prosecutor.
Two years ago, Patton, superintendent of the Llano Independent
School District in central Texas, refused to make public documents
detailing how he and the school board were spending tax dollars. A
reporter for the Llano Buzz newspaper and a county commissioner had
requested the documents under the PIA. Following a three-month
investigation initiated by Abbott and Llano County District
Attorney Sam Oatman, Patton was indicted by a grand jury. Once
convicted, he was fined $1,000 and received a six-month probated
jail sentence.
"I want all government officials to take note of how this case
ended," Abbott said after Patton's conviction. "I have said before
that I will vigilantly enforce open government laws, and I will
protect the public's access to information. It's essential to
ensuring public confidence and accountability."
Abbott is a conservative Republican whose predecessor as Attorney
General is now the state's junior senator in the nation's capital,
Sen. John Cornyn, R-Texas. Cornyn is another conservative GOPer who
compiled an impressive record of forcing open many previously
closed doors of Texas governance.
As attorney general, Cornyn sued several Texas government agencies
when they improperly withheld documents that should have been made
public. He increased his staff to reduce a nine-month backlog of
open records requests to 45 days and established a toll-free
hotline to answer citizen questions about the PIA.
Unfortunately, the public's right to know is one of our fundamental
liberties that too often
gets mostly lip service, regardless of whether the offenders
are federal, state or local government officials. Texas illustrates
how having high-ranking officials willing to enforce a state's FOI
law makes a big difference in the ability of residents to hold
officials everywhere accountable. Consider these recent fruits of
the Texas PIA:
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Smith County Commissioners made policy and management changes after questions were raised about how the county government was handling surplus federal government property. Those questions resulted from documents obtained under the PIA. Among the changes made: the contract for collecting overdue property taxes was awarded to a new firm for the first time in 20 years. "Some county operations that basically have been shrouded from public view for many years have been uncovered for all to see," said a Tyler Morning Telegraph editorial.
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The news is not always "bad" when the media use PIA laws to uncover things in government. The Dallas Morning News, for example, used the PIA to obtain more than 1,000 pages of memos, emails and other internal communications from Dallas Independent School District Superintendent Mike Moses to the school board. The story that resulted informed Dallas residents that Moses was doing a good job keeping school board members informed, something that had not been done well by past superintendents.
Whether you live in Texas or in another state, you have a right to
know things like how public school officials are spending your tax
dollars, how quickly police and fire officials respond to
emergencies, whether health department officials are shutting down
restaurants that make people sick, and a thousand other things-big
and little-that we expect government to do for us.
As Patrick "Give me liberty or give me death" Henry said: "The
liberties of a people never were, nor ever will be, secure when the
transactions of their rulers may be concealed from them."
Mark Tapscott is director of the Center for Media and Public Policy at The Heritage Foundation (heritage.org).
Distributed nationally on the Knight-Ridder Tribune wire