Lt. Gov. Bill Bolling

Lt. Gov. Bill Bolling: Watchdogs ensure access
03.11.2007

Today marks the beginning of one of the most important, yet underappreciated, weeks of the year: Sunshine Week.

While issues such as transportation, health care, and education rightfully grab headlines 51 weeks of the year, public knowledge and understanding of these issues would not be possible without open government and freedom of information.

Our Founding Fathers understood that only an open government could effectively meet the needs of those it governed.

However, as Virginia's population grew, so did the size of government, which made it more difficult to maintain transparency in government agencies, the elections process, and the legislative process.

To ensure that government remained open to citizens, the General Assembly created the Freedom of Information Act (FOIA) in 1968.

The FOIA put into state law what the Founding Fathers intended: that there should be no deception, real nor perceived, in a government representative of its people.

At its core, the FOIA required that meetings of most public bodies must be open to the public, and that the public had a right to access most information held by government agencies.

Flaws Were Found and Fixed

Unfortunately, as time wore on flaws in the original FOIA language appeared and had to be fixed. And during each session of the General Assembly exemptions to the FOIA's requirements for open government had been granted.

The time for reform was at hand.

In 1998, I served as a co-chairman of a commission to review Virginia's FOI laws and update them. In 1999, I served as chief patron of legislation to rewrite Virginia's FOI laws and create the Freedom of Information Advisory Council.

The rewrite of Virginia's FOI laws removed many of the exemptions from public-disclosure requirements that had arisen over the years and updated language to reflect issues that could not have been contemplated in 1968.

The creation of the Freedom of Information Advisory Council was also significant. In fact, its passage was one of the highlights of my legislative career.

Previously, when citizens had disputes with public bodies about access to government information, they had to sue in the courts. Today, the FOI Advisory Council provides opinions on interpretations of the FOIA and gives citizens recourse when they have been inappropriately denied access to public information.

In addition, the council serves as a sounding board for proposals to strengthen or relax FOIA requirements, and it conducts training seminars and publishes materials to meet the needs of citizens, the media, and government agencies.

As a result of these reforms, Virginia is widely recognized as a national leader on FOIA issues and other issues relating to open government.

For example, campaign finance laws in Virginia require that almost every dollar raised by candiates for public office must be disclosed, and Virginia was one of the first states in the nation to require electronic filing of campaign finance reports.

In addition, by accessing the General Assembly's Web site, citizens can obtain information about bills pending before the state legislature. They can also search the Code of Virginia, the Virginia Administrative Code, the Constitution of Virginia, the Rules of the Supreme Court, and many other databases.

However, some of the most important oversight comes from private watchdog groups.

Watchdogs Ensure Access

The Virginia Coalition for Open Government (VCOG) was founded in 1996 by a broad coalition of media groups. The coalition works to ensure public access to state and local government agencies, meetings, and information -- and make certain that the fundamental tenets of the FOIA are respected.

And the Virginia Public Access Project (VPAP) translates campaign finance reports into easily understandable terms on its public Web site. The VPAP maintains records showing which individuals and corporations have given money to candidates and how candidates spend their money.

While we can be proud of what Virginia has done in the past to ensure open government, we will face many challenges in the years to come to keep government open to citizens.

Through initiatives such as Sunshine Week, and with the help of our friends in the media and private sector, I am confident we will continue looking for ways to make certain that Virginia remains a leader in the nation on this important issue.

Bill Bolling is the lieutenant governor of Virginia. In 1999, as a state senator from Hanover, he received the Virginia Coalition for Open Government's Legislator of the Year Award for his work in rewriting Virginia's FOI laws.