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Thu, Nov 26 2009 

Published: October 31, 2009 06:44 pm    print this story  

Public, government shouldn’t be adversaries

Cumberland Times-News

I recently read, with great interest, the submission by former state Sen. John Bambacus, dealing with the issue of the public’s right to information from elected government. I feel that I was recently a “victim” of Allegany County’s extremely slow response to a request for information.

Recently, due to major state cuts to local financing, county government found it necessary to adjust their budget. The commissioners requested input from citizens. To be better informed, I requested information of a few budget items. I asked my elected representatives for job descriptions, wage, and benefits, for a few select positions shown in the county budget. This information is the same type of information that appears daily in help wanted ads. Instead of answers, I received a Freedom of Information Act request form. On Sept. 23, I delivered the completed form, along with very clear, very detailed questions. I received my answers 30 days later, even though the invoice that had to be paid before receiving my answers, clearly stated that it required just 2.5 hours for one staff member to assemble the requested information.

In the Public Information Act Manual, under the title “Scope and Agency Responsibilities, it states, “The basic mandate of the PIA is to enable people to have access to government records without unnecessary cost or delay.”

I think most people would agree that taking 30 days to deliver requested information that required just 2.5 hours to assemble, seems very much like an unnecessary delay. Allegany County operated within the “letter of the law” which allows a maximum of 30 days to provide requested information, but it hardly operated within the “spirit of the law” by taking so long to provide information that was acquired in just 2.5 hours.

There seems to be a pattern of not sharing information with the public — the public that our commissioners were elected to represent. This failure to openly share information causes distrust and animosity. Over two years ago, the commissioners held a public meeting at Allegany High School to “answer questions about the formation of the Bureau of Police.” Once citizens began asking “tough questions” the county refused to answer and began suggesting that FOIA requests be filed. That meeting, if properly handled, would have greatly deflated that issue. Instead, because of the county’s lack of shared information, the issue has grown into an issue that has divided our citizens, divided our delegation and has caused great stress and pain for the fine law enforcement people working for both the Sheriff’s Department and the Bureau of Police.

Supreme Court Justice Sandra Day O’Connor stated, “A fundamental premise of American democratic theory is that government exists to serve the people. ... Public records are one portal through which the people observe their government, ensuring its accountability, integrity, and equity while minimizing sovereign mischief and malfeasance.”

To me, the most important words in that quote are “government exists to serve the people.” Sadly, it seems that all too often the term “service” is forgotten by many who work in government. To be wise partners, the public must have the proper information to make the proper decisions to help move our county forward. The public and government must be partners, not adversaries.

Bill Valentine

Little Orleans

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