Time to revisit "transparency"

It looks like the dance around transparency will never end.

In the Journal this morning, the editors decry NM's failing grades in "open government", link, inches, literally, from a report, link, about a county attorney, whose salary we pay, argues that a memo sent on County letterhead, on County time, to County Commissioners is not a public record!

Open government laws are a lawyers wet dream; poorly written
and needing endless and expensive litigation to argue over and
over and over again, what is and is not a public record. There
are millions to be made in never ending litigation.

The concept is simple;

• the resources belong to the people,
• the power belongs to the people,
• the truth about their spending, belongs to the people.

The truth about government, public servants, and their public service, belongs to the people. All of it.

Some of the truth, though it belongs to the people, should not be shared with the people. There are good and ethical reasons to keep some truths under wraps. Those exceptions are clearly identified under the law, the New Mexico Inspection of Public Records Act, link.

1. records pertaining to physical or mental examinations and medical treatment of persons confined to an institution;
2. letters of reference concerning employment, licensing or permits;
3. letters or memorandums that are matters of opinion in personnel files or students' cumulative files;
4. law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with a crime...
5. as provided by the Confidential Materials Act [14-3A-1 NMSA 1978];
6. trade secrets, attorney-client privileged information and long-range or strategic business plans of public hospitals discussed in a properly closed meeting;
7. public records containing the identity of or identifying information relating to an applicant or nominee for the position of president of a public institution of higher education;
8. tactical response plans or procedures prepared for or by the state or a political subdivision of the state, ...
9. discharge papers of a veteran of the armed forces of the United States filed with the county clerk before July 1, 2005 ...
10. discharge papers of a veteran of the armed forces of the United States filed with the county clerk before July 1, 2005 ...
11. discharge papers of a veteran of the armed forces of the United States filed with the county clerk after June 30, 2005...
12. as otherwise provided by law.

And yet, politicians and public servants think they can invent exceptions of their own; "personnel matters", and then litigate at taxpayer expense for as long as they choose, knowing that when they lose in Court, there is no consequence for their recalcitrance; any fines levied, are levied against their agency budget and then payed by taxpayers.

The Government Restructuring Task Force is in the position to revisit the issue of governmental transparency. They have the opportunity and the responsibility.

Whether they actually do or not, is pretty much up to you.