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EDITORIAL: The people can handle the truth


Published: Wednesday, July 16, 2008 11:23 AM CDT
Office-holders shouldn't fall in love with secrets.

JUSTICES OF THE Wisconsin Supreme Court deserve praise for making the right decisions on behalf of the people in two recent rulings.

One involved the community economic development organization in Beaver Dam, which was accused in a citizens' lawsuit of excessive secrecy in negotiations to bring a Wal-Mart distribution center to town.

The other involved the Whitnall School District's refusal to divulge information from a closed meeting that resulted in an employee's contract not being renewed.


In each case, the court ruled against government secrecy.

JUSTICES SAID economic development groups operate as quasi-governmental units, usually receiving the bulk of their financial support from government and often empowered to negotiate multi-million dollar deals that include governmentally provided incentives.

The court ruled such conditions make community economic development corporations subject to the same open meetings/open records laws as any other government body.

In the Whitnall case, the court ruled that just declaring a meeting closed or secret does not shield the governmental body from discovery. A litigant pursuing a case has the right to pertinent information which occurred, even if the doors were closed.

Otherwise, a litigant could be denied the information necessary to decide the facts of the case, and justice would be thwarted.

WHEN IT COMES to government secrecy, it's not always an open and shut case. When economic development units, for example, are working with a company considering locating or expanding a commercial operation in the community, the company often has good competitive reasons for wishing to keep information releases to a minimum. Premature loose talk can send the prospect packing to another city, erasing an opportunity to bring investment and jobs to town.

At the same time, taxpayers obviously have an important interest when deals are put together involving public lands and expensive incentives.

But these challenges are not insurmountable. Beloit, for example, generally has handled such matters well. Meetings of the community's economic development entity are open. Officials have been forthcoming with details when important deals are put together. For the most part, it's clear consideration is given both to a company's desire to keep things low-key and the public's right to know.

THAT'S THE REAL point in such matters of public record, the level of commitment officials demonstrate in accepting their accountability to the public. They must understand it's not their information, it's the public's information. Timely release of details can avoid ugly situations.

Unfortunately, not all elected and appointed decision-makers get it. Too many, once in power, fall in love with secrets. They forget who put them there, and why.

Otherwise, there would be no need for lawsuits or Supreme Court guidance.

The people can handle the truth. Officials who keep that foremost in mind will do just fine.



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