Commentary: When a governor undermines her own transparency

What is happening in Oregon is particularly alarming. A handful of states have offices of “open government,” intended to act as mediators of public record disputes. These government agencies are diverse in the services they provide and the powers they possess. Many are established to operate as independent bodies unobstructed by the executive branch and legislature.

We’re now seeing in Oregon that access may only exist in the enabling legislation—not in practice.

Oregon’s legislation to create McCall’s office was largely modeled after Connecticut legislation that created the Connecticut Freedom of Information Commission. In Connecticut, the FOI Commission is housed within the executive branch, but not under the office of the executive (governor). Its director reports to the commission’s board of directors to avoid conflict and interference and to keep it an independent agency.

But Oregon deviated from the Connecticut model in the placement of its open government office. Instead, it is under the office of the governor with oversight from her and from her staff, creating an environment for possible political, personal and legal conflict—diminishing its ability to ensure transparency and accountability.

The National Freedom of Information Coalition, a national network of state open government groups, believes these offices for open government ombudspersons are critically important for ensuring accountability and responsive practices in state and local governments.

Yet their effectiveness as transparency advocates relies on their ability to remain independent and without interference from the public agencies and the public officials they work alongside.

In light of these developments, leaders in Oregon are now working to make the Office of Public Records Advocate truly independent, enabling unfettered mediation of public records disputes.

Will they succeed? That’s yet to be seen. But we’re watching.

Daniel Bevarly is executive director of the National Freedom of Information Coalition, a national nonprofit, nonpartisan organization  that promotes press freedom, litigation and legislative reforms to ensure openness and transparency in state and local government. NFOIC is located at the University of Florida College of Journalism and Communications.