Jay DeBoer
The boss is watching
By Former Del. Jay DeBoer
TIMES-DISPATCH GUEST COLUMNIST
Mar 11, 2007
I could not have been more na?ve. As a "seasoned" sophomore in the Virginia House of Delegates in the 1984 General Assembly, I was flattered when the administration asked me to sponsor a "little, non-controversial bill" that would have exempted from Virginia's Freedom of Information Act (FOIA) all economic data and market research at the Division of Tourism of the Department of Conservation and Economic Development. In the weeks after I introduced what I now understand was an ill-considered bill, the Virginia Press Association, the Virginia Association of Broadcasters, and the American Civil Liberties Union helped convince me on a basic premise of the FOIA: Public records produced by public bodies should be freely available to the public except in extraordinarily rare circumstances. There were fewer than 20 such exceptions in 1984.
Virginia's policy on public access to public records is stated in plain language: "Except as otherwise specifically provided by law, all public records shall be open to inspection and copying by any citizens of the commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the commonwealth, representatives of newspapers and magazines with circulation in the commonwealth, and representatives of radio and television stations broadcasting in or into the commonwealth."
Law: Secrecy Shouldn't Exist
The reason for this clear policy is stated in equally plain language: "The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government."
FOIA relations have improved much in Virginia since 1984. Today, state agency employees no longer wince when requests for records or documents are received. Such requests have become routine, and are an intrinsic part of the daily conduct of government business. Virginia's government workforce is well-trained in the requirements of the FOIA, and the necessity and importance of prompt response to and compliance with citizen requests are included in job descriptions at all levels.
Part of the improved attitude toward requests for records and documents is technological. Computers have simplified document storage and retrieval in most agencies, eliminating most of the time-consuming manual searches that formerly made even mundane FOIA requests expensive. The ability to include large numbers of documents on CDs or DVDs has reduced the costs of reproduction of public records, and the prevalence of electronic mail has trimmed postage costs. And on the Internet, state agency Web sites have made a wide variety of public records available for download or copying without a formal request or other contact with the agency.
Another part of the improvement in FOIA relations may be attributed to the General Assembly, as it has refined and clarified which records are exempt from the FOIA. Taking to heart the law's very clear directive that exemptions should be narrow and limited, the legislature has added highly specific exemptions, leaving less to speculation and dispute. And the Freedom of Information Advisory Council's ability to issue oral or written opinions to citizens and government has provided valuable guidance, helping to avoid conflict and litigation.
Compliance Is Right Thing to Do
But for employees and agencies of Virginia government, perhaps the most compelling reason for improved prompt and courteous FOIA compliance is this: In addition to being the law, it is the right thing to do. For most citizens, contacting a government agency is a frightening, extraordinary event. Those requesting records from government are usually seeking help or assistance for themselves or for family members. Most do not know the formalities of the FOIA, but they need not use specific words or phrases to invoke its benefits. Nearly every request for information can be granted by the agency in some form, if time is taken to discuss the request. Although some requests are made with the clear intent to harass or harm a government agency, those are blissfully rare, and few in number. And finally, prompt and courteous responses to requests for records improve public confidence in government.
Gov. Tim Kaine has expressly stated support for Virginia's Freedom of Information Act, and stresses the importance of Virginians having access to the information they need to hold government accountable: "[T]he need to ensure that the people are participants in their government, not excluded outsiders, is a constant. After all, they pay the bills for and must live with the consequences of its policies."
In plain language, "The Boss is watching."
Jay DeBoer is the director of the Virginia Department of Professional and Occupational Regulation. A previous commissioner of the Virginia Department for the Aging, he served in the House of Delegates from 1983-2002.ÄżË
By Former Del. Jay DeBoer
TIMES-DISPATCH GUEST COLUMNIST
Mar 11, 2007
I could not have been more na?ve. As a "seasoned" sophomore in the Virginia House of Delegates in the 1984 General Assembly, I was flattered when the administration asked me to sponsor a "little, non-controversial bill" that would have exempted from Virginia's Freedom of Information Act (FOIA) all economic data and market research at the Division of Tourism of the Department of Conservation and Economic Development. In the weeks after I introduced what I now understand was an ill-considered bill, the Virginia Press Association, the Virginia Association of Broadcasters, and the American Civil Liberties Union helped convince me on a basic premise of the FOIA: Public records produced by public bodies should be freely available to the public except in extraordinarily rare circumstances. There were fewer than 20 such exceptions in 1984.
Virginia's policy on public access to public records is stated in plain language: "Except as otherwise specifically provided by law, all public records shall be open to inspection and copying by any citizens of the commonwealth during the regular office hours of the custodian of such records. Access to such records shall not be denied to citizens of the commonwealth, representatives of newspapers and magazines with circulation in the commonwealth, and representatives of radio and television stations broadcasting in or into the commonwealth."
Law: Secrecy Shouldn't Exist
The reason for this clear policy is stated in equally plain language: "The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government."
FOIA relations have improved much in Virginia since 1984. Today, state agency employees no longer wince when requests for records or documents are received. Such requests have become routine, and are an intrinsic part of the daily conduct of government business. Virginia's government workforce is well-trained in the requirements of the FOIA, and the necessity and importance of prompt response to and compliance with citizen requests are included in job descriptions at all levels.
Part of the improved attitude toward requests for records and documents is technological. Computers have simplified document storage and retrieval in most agencies, eliminating most of the time-consuming manual searches that formerly made even mundane FOIA requests expensive. The ability to include large numbers of documents on CDs or DVDs has reduced the costs of reproduction of public records, and the prevalence of electronic mail has trimmed postage costs. And on the Internet, state agency Web sites have made a wide variety of public records available for download or copying without a formal request or other contact with the agency.
Another part of the improvement in FOIA relations may be attributed to the General Assembly, as it has refined and clarified which records are exempt from the FOIA. Taking to heart the law's very clear directive that exemptions should be narrow and limited, the legislature has added highly specific exemptions, leaving less to speculation and dispute. And the Freedom of Information Advisory Council's ability to issue oral or written opinions to citizens and government has provided valuable guidance, helping to avoid conflict and litigation.
Compliance Is Right Thing to Do
But for employees and agencies of Virginia government, perhaps the most compelling reason for improved prompt and courteous FOIA compliance is this: In addition to being the law, it is the right thing to do. For most citizens, contacting a government agency is a frightening, extraordinary event. Those requesting records from government are usually seeking help or assistance for themselves or for family members. Most do not know the formalities of the FOIA, but they need not use specific words or phrases to invoke its benefits. Nearly every request for information can be granted by the agency in some form, if time is taken to discuss the request. Although some requests are made with the clear intent to harass or harm a government agency, those are blissfully rare, and few in number. And finally, prompt and courteous responses to requests for records improve public confidence in government.
Gov. Tim Kaine has expressly stated support for Virginia's Freedom of Information Act, and stresses the importance of Virginians having access to the information they need to hold government accountable: "[T]he need to ensure that the people are participants in their government, not excluded outsiders, is a constant. After all, they pay the bills for and must live with the consequences of its policies."
In plain language, "The Boss is watching."
Jay DeBoer is the director of the Virginia Department of Professional and Occupational Regulation. A previous commissioner of the Virginia Department for the Aging, he served in the House of Delegates from 1983-2002.ÄżË
