Editorial -- Freeman Courier

Bipartisan interest in opening government holds real promise

When we became the United States, the founders of this republic determined
the ultimate power of government should be in the hands of the people. For
230 years we have functioned as a government "of the people, by the people
and for the people."
This notion of "the power of the people" is reflected in South Dakota's
state motto: "Under God the people rule." Yet South Dakota has one of the -
if not the - weakest open record laws in the nation.
But now there is unprecedented hope that could change. There are two bills
before the 2008 South Dakota Legislature, both of which attempt to open
government records that are now cloaked in layers of statute that either
restrict or prevent public access. And the effort is bipartisan.
SB186 comes from the Republican Party whose 18 sponsors include GOP leaders
Sen. David Knudson, R-Sioux Falls and Rep. Larry Rhoden, R-Union Center. It
expands the definition of open records and lists specific exceptions that
address privacy concerns.
SB189, which comes from Sen. Nancy Turbak Berry, D-Watertown, has 15
sponsors from both parties. It begins with the presumption that government
records are open. Only those records for which specific and compelling
arguments can be made for limited access are closed to the public. It allows
for an injunction so a court could rule whether opening a specific record
would substantially and irreparably injure a person.
Turbak Berry emerged as a strong voice for public access to government
records last session and SB189 is the stronger measure. It best reflects the
principle under which we are to function as a government where people indeed
do rule. It is a measure that the citizens of South Dakota deserve because
it starts from the position of openness.
But political realities in the current legislature and the current
administration pose a significant challenge to SB189. Given the fact that
the GOP is the majority party in both houses, it appears SB186 will have the
best chance of passage.
Knudson and Rhoden deserve credit for seeking to strengthen open government
in South Dakota, particularly given the fact their party leader, Gov. Mike
Rounds, doesn't share their perspective on the issue. On the contrary, it
appears Rounds fails to understand the importance of the concept of open
government.
In an interview with South Dakota Public Radio several weeks ago Rounds said
"I'd prefer to say that the information that is required to be kept by
government is open unless it is specifically closed. All of the other
information which is kept in either a compilation form or is simply acquired
for decision-making processes, but is not required to be kept, I don't think
should be open - unless the person can show us a need to know it ... If
there are issues out there that people truly want to know then come in and
tell us."
Round's approach - "come talk to us and tell us if there's a problem" -
reflects a business approach to government. The problem is that Rounds
ignores the fact that the "business owners" in this case are the people.
During a panel discussion sponsored by the South Dakota Newspaper
Association in Pierre last week, Turbak Berry said her approach "challenges
government to share in a more open approach" to records. "I wish the efforts
would be directed at challenging the governor to share in a more open
approach."
In that same discussion, Knudson said what is important "is the size of the
box of open records, and just because you start with a presumption of
openness and then start laundry-listing (exceptions) doesn't mean the box is
bigger."
While that point might be debated, it appears there is genuine support for
expanding citizens' access to government on both sides of the aisle. Knudson
said he is "deeply committed" to passing an open-records bill that can pass
in both houses and be signed by the governor.
The upcoming days and weeks are critical as legislators debate SB186 and
SB189 and seek to strengthen the proposals to ensure improved public access
to government. The opportunities for progress are unprecedented and
lawmakers need to seize it.
"I think our biggest fear is that, in the end, we don't pass anything,"
Knudson said last week. "That would be the greatest failure of all."
It would indeed.

The Freeman Courier editorials reflect the opinion of Courier news editor
Jeremy Waltner and Courier publisher Tim L. Waltner