With this week's swearing in of newly elected officials, it is as good a time as any to remind them -- and the people they serve -- of their obligations to open government.
The oath that mayors and city council members, county officials and quorum court members take is a simple declaration they will support the U.S. and state constitutions and faithfully discharge the duties of the office upon which they enter.
That includes abiding by state law and, as regards open government, specifically means following terms of the Arkansas Freedom of Information Act.
It is a law that not only officials but also the people they serve should know and understand. It delivers the kind of open government we expect in this state, so long as the people entrusted to public office abide by not only the letter but also the spirit of the law.
Prior to the New Year but after the November elections, a question reportedly came up among newly elected but not yet seated city officials in a Northwest Arkansas city.
They'll know who they are, even if the people who elected them may not. But these people -- soon to be the decision-makers for a given town -- were purportedly considering a private meeting among themselves, purposely planning to hold it before they were sworn in so they could talk about what they intended to do once in office.
Those individual aldermen-elect were looking for a way around the freedom of information law, demonstrating their awareness of the requirement for public officials to do business publicly but also showing they were plainly unwilling to abide by the spirit the law.
They might have broken no law if they held such a private meeting, but that was no way to start what should be an open relationship among those elected to serve and the people they will serve.
Here's hoping other newly elected officials have a better beginning. That includes the hope that citizens in all communities and counties hold their representatives to a standard of openness.
Arkansas' FOI Act requires most meetings, special or regular, of governing bodies be open to the public. There are some matters that may be discussed in private sessions, but those matters are quite limited. Even most of those subjects may be discussed openly, if the governing board chooses.
Virtually anything any government holds of record, whether committed to paper or stored electronically, is also subject to public inspection. Again, there are exemptions to the rule, but not so many.
The simple reason is the people from whom government derives its power -- those people who pay the taxes that support the government -- have a fundamental right to know what the government is doing in their name and with their money.
People's participation in the government is largely a matter of choice. There are exceptions, such as paying taxes, but an individual may stay home and pretty much ignore the way the government works around them.
Or, they can participate by following what elected officials are doing on their behalf, contributing ideas as well as tax dollars.
Maybe a person's interest is in the choices the government makes when it comes to building infrastructure: which streets or roads get built or improved, which bridges are replaced, what changes might be made in water or sewer or trash collection services.
Maybe the person's concern is about police policy or the preparedness of firefighters. Maybe it's about how those public servants respond to crises or whether they're paid commensurate with those responsibilities.
Whatever the level of interest, a resident is entitled under Arkansas law to access most government meetings and records.
Again, those rights are spelled out in the state's Freedom of Information Act. The current law, although amended through the years, is much as it was written in 1967.
For anyone who wants to know the details, it is available online at a number of sites, including the attorney general's office.
An FOI handbook containing the text of the law as well as notable attorneys general opinions through the years, various related court cases and more is also available in hard copy and online. Check the Arkansas Press Association's site, www.arkansaspress.org, for the latest edition.
For decades, Arkansas' FOI Act was heralded as one of the best, if not the best, open government laws in the country.
Arkansas still has a strong open meetings and open records law, although someone inevitably seeks to water down the law in each successive legislative session.
This year won't be any different, and residents can certainly help preserve their rights under the law.
Start by expecting, even demanding, open government at all levels.
Follow through by encouraging the state's new Republican leadership in the statehouse and in the legislative chambers to turn away those who would deny the public access to government meetings and records.
Any freedom lost can never be easily reclaimed.
BRENDA BLAGG IS A FREELANCE COLUMNIST AND LONGTIME JOURNALIST IN NORTHWEST ARKANSAS.
Commentary on 01/04/2015