By Vermont Secretary of State Jim Condos
Sunshine Week, celebrated nationwide this week, is about opening the blinds and letting the sun shine in on government.
The vast majority of our elected state/local officials are trustworthy, dedicated and passionate individuals who want to do the right thing.
There are many cases where public and elected officials have clashed on their interpretation of laws covering public meetings and/or public records. Sometimes one side is clearly right – the other side is clearly wrong. Sometimes there is gray area in the law that is open for interpretation.
However, even with these gray areas, Vermont’s Constitution and state statutes have always been clear in their fundamental intent: VT’s public officials are accountable to the people.
VT’s open meeting law recognizes that the media and the public are one and the same; and they are entitled to properly warned public meetings; posting of meeting agendas; an opportunity to express one’s opinion on matters considered by the public body during the meeting; knowing why a public body is going into executive session; and, the posting/availability of minutes five days after the meeting – even if in draft form.
Vermont statutes support a mandate on government (state and local) transparency so the people of Vermont know what is happening in their government. The only time the people lose their “right to know” is when greater harm to an individual or the state could come from releasing certain information. However, in these very rare cases, the burden of proof for withholding information is on the state and the exemption must be laid out in statute.
Simply, illegal meetings and improperly withheld public records offend our notions of openness, accountability and the core of our democracy.
Open government just makes good sense for officials and the people they serve.
So, to any public officials reading this – please think twice about what you text, tweet or email a fellow board member or constituent. Those messages can all constitute government work and be classified public records.
And to the public, in Vermont, you do have a right to know!
