< PREVIOUS ] [ 1990 Index ] [ Ed Quillen HOME ] [ SEARCH ] [ NEXT >
In theory, Colorado has an open meetings law which requires school boards, town councils, county commissions, etc. to hold their meetings before the public.
In practice, though, the law works about as well as the
55-mph speed limit. It allows private meetings for
sensitive topics like personnel matters
and
litigation.
Any item that comes after the call-to-order will qualify
as potential litigation
in these lawsuit-happy
times. As for personnel, board members often explain that
it is for the employee's protection that they don't discuss
job performance in public. But in private, they can gossip
without being accountable for what they say; careers are
destroyed by innuendo and hearsay.
About a decade ago, I discovered another problem. While I was editing the local daily, the county commissioners held secret sessions that appeared to be in clear violation of the law.
I called the district attorney, who pointed out two sad facts: 1) his budget came from county commissioners, so he was most unlikely to go out of his way to cause trouble for them; and, 2) there is no enforcement procedure for the open-meetings law.
He told me to check with the state attorney general's office, just to be sure. There I heard that the attorney general has no real authority to enforce the open-meetings law. No one has ever gone to jail or paid a fine for violating the open-meetings law.
In short, the current law means nothing. Back when I was an editor, I had to use other weapons to keep public business before the public.
One good editorial tactic is never to call these
executive sessions,
which is what the boards always
call them. Using adjectives like clandestine
or
secret
insures that the public will soon share your
attitude.
Another is just hard-core reporting. Grand Lake's town board was fond of closed meetings 15 years ago. I could call Trustee A, who would tell me everything that happened, providing I didn't use his name.
Then I would call Trustee B and talk about the tourist
season, the weather or a similar unrelated topic. This was
to keep me just on this side of truth when I called Trustee
C, who hated B: I was just talking to B, and I
understand that you guys want to use tactical nuclear
warheads the next time bikers come to town for the Fourth
of July.
That worthless braggart told you that? No, we just
want to check on getting a battalion of guardsmen, that's
all.
Which is what A had told me, and with two sources,
I had the story.
I fought many a good fight with those weapons, along with others like sarcasm and satire, and enjoyed all of it except for a $2 million libel suit that drug on for five years through four dismissals.
Now some folks are circulating a petition to amend the state constitution to extend the Sunshine Law to local governments. As a citizen, I support it. But if I ever end up editing a small-town newspaper again, I'll miss those good fights.
< PREVIOUS ] [ 1990 Index ] [ Ed Quillen HOME ] [ SEARCH ] [ NEXT >