Lately public officials have been closing meetings that should be open to the public. This trend is alarming because it violates the public’s right to know and their First Amendment Rights. Closing a meeting effectively keeps the public from knowing what its elected officials are doing. It is a practice these newspapers oppose and will fight to stop. This is not just a matter of keeping the media out; it keeps the public out,
Closing meetings will continue as long as elected officials get by without being challenged to discuss difficult choices where crafting decisions could put them in political difficulty.
One case involves the Elk River School Board, which closed a meeting to discuss differences with one of its own members, who claimed she asked that the meeting be open, which is her right under the open meeting law. The school board chair disputes her claim.
The meeting was closed because the board had been advised that a school board member is subject to the authority of the board. Mark Anfinson, an attorney for the Minnesota Newspaper Association, said a meeting can be closed for preliminary consideration of charges and complaints against an individual subject to its authority. He said Elk River’s handling of its board member is a troubling use of the open meeting law.
Another case involves the Stacy City Council that closed the meeting to discuss rumors of potential litigation. Closing a meeting to discuss rumors of possible law suits is an extremely dubious practice under the Open Meeting Law. A meeting may be closed to discuss a law suit, but rumors of one?
The Mille Lacs County Board of Commissioners a year ago closed a meeting when it decided to hire an attorney to research Indian Reservation boundaries. They agreed to pay a fee of $50,000 in that closed meeting. Since then, three attorneys have been hired and $300,000 has been spent in fees. Most disturbing are regularly closed meetings between a committee of the county board and the Mille Lacs Band of Ojibwe. The county has set aside $1 million to pay the fees for a suit to remove 61,000 acres in the county that the Mille Lacs Band of Ojibwe say belongs to them.
The Minnesota Legislature should not abuse the Open Meeting Law either. We are in the conference committee season and there are repeated abuses where committee chairs choose to close these sessions to the media. With this action, we have hypocrisy of the Legislature not following that which it decrees.
These are only the latest cases.
A decision is expected soon from the Minnesota Supreme Court where the Prior Lake American newspaper sued the Prior Lake City Council for closing a meeting using a "pending litigation" exception for meeting with its attorney to discuss possible litigation by a contractor against the council. Attorney Anfinson says this ruling will affect the entire Open Meeting Law.
It is not easy to conduct sensitive matters in open meetings, but that is the price of living in a democracy where a free press is fundamental to effective government. Where there is openness and complete understanding of the issues, the best decisions are made and democracy is the victor.
John Finnegan, a member of the National Freedom of Information Hall of Fame, says it best: "The principles of openness are vital to individual liberty and we as citizens should pledge ourselves anew to the struggle to keep meetings and records –all government activities—open for public inspection and review. -- Editor’s note: This editorial was a product of the ECM Editorial Board.
