On Wednesday, Nov. 28, a study committee made up of state legislators, citizens, and members of the media recommended that the law be revised. The proposed revision would allow more private meetings of government bodies such as such county commissions and city councils. It would also allow three members of a governing body to meet privately without violating the sunshine law. The proposed revision would also allow a judge to penalize anyone in violation of the law with an up to $1,000 fine.
My take on the revision is the same one I have with people that try to change the rules of baseball to make the game more TV-friendly: if you want to fix it, leave it alone. The sunshine law - like baseball - was fine before people started trying to fine tune everything.
The purpose of the sunshine law is to guard against public officials meeting and conducting business without public knowledge. It is a valuable law and should be preserved. Weakening the law to avoid potential lawsuits is a slap in the face to any citizen that desires open government. Not only does promote a culture of corruption, it also helps feed the mistrust that so many people have of elected officials at all levels. I once had an editor that explained it to me simply - if taxpayer money is being spent then taxpayers have the right to know how much is being spent, where it's being spent, and who is spending it. And it's not just money. Any proposed law or change in the law should be publicly discussed. Our government was not established to conduct business in secret or pass laws in such a way as to trick potential opposition. Citizens have a voice and a right to be heard. The fact that so many opt not to exercise that right in no way excuses any government body of their obligation to be open and honest with the people they represent. I fear the proposed revisions to the law would encourage members of various governing bodies to do just that.
There is one portion of the proposed revision that I support. The current wording and intent of the sunshine law is sufficient to protect the rights of the public. The problem is lack of enforcement of the current law. The legislature can revise the sunshine law until they're blue in the face (quite a feat in Tennessee) and it will not amount to anything significant until it is actually supported by legal action. I do like the idea of a judge being empowered to fine those that violate the sunshine law, but the proposed $1,000 is far too lax. If a law is going to be respected, it has to have some teeth. A $2,500 fine and/or 30 days in jail per member, per offense would be an attention-getter. As it is now, people can violate the sunshine law and then smirk about it on TV afterwards without fear of punishment. Contrary to popular opinion, laws are not made to be broken; laws are made to be obeyed. If the average citizen must obey the law, then elected officials must do the same. Changing the law to benefit elected officials is the equivalent of saying the law does not apply to everyone. But it does apply to everyone and it's time a message was sent that we will not stand by and allow our rights to slowly be taken from us in the name of convenience.
If elected officials want to avoid problems with the sunshine law, they shouldn't worry about changing it, they should focus on obeying it.
Richard Evans is Editor of the Claiborne Progress. He can be reached via e-mail at revans@claiborneprogress.net.
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