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Friday Editorial

Democracy demands open meetings

August 24, 2012

A recent opinion from the state Attorney General's Office has raised a flurry of concern among municipalities and public entities statewide - and that's a good thing.

In response to a citizen complaint, the attorney general found that over a two-year period, Dewey Beach officials routinely failed to properly inform the public about what would be discussed in executive sessions - and even in public sessions that followed closed meetings.

Dewey officials insist their agendas were reviewed by town attorneys to ensure they complied with the Freedom of Information Act.

Recently, Lewes Mayor and President of Sussex County Association of Towns Jim Ford sent an email to member town officials suggesting attorneys would review the opinion, and the organization should consider seeking to amend it.

In a society where citizens and corporations are ready to file suit over even minor infractions, it's important for attorneys to ensure agendas and meetings are legal.

Still, the Freedom of Information Act requirements are straightforward. In discussing the opinion, Attorney General Beau Biden recently said, “What we're most concerned about is transparency and openness in government.”

Here's what the opinion states:

“An agenda serves the important function of notifying the public of the matters which will be discussed… so members of the public can decide whether to attend the meetings and voice their ideas or concerns.”

What could be simpler? Except in the most unusual of circumstances, legal advice should not be necessary to write an agenda that gives citizens enough information to know what their representatives are going to discuss.

If an agenda fails to meet this most basic of requirements, citizens lose the right to voice their opinions before an official body acts.

In a democracy, our leaders are elected to represent the public.

How can officials claim to represent the public if they don't give citizens opportunities to comment before they act?