Better Government Association

Records belong to all of us

Column by Charles N. Davis

When Illinois U.S. Senator Barack Obama went from the stage of the Senate to the stage of a presidential candidate, each aspect of his life, education, relationships and history became a potential political football.

Recently, the Baltimore Sun reported on a finding about Obama's ancestry, pieced together by William Addams Reitwiesner, a Library of Congress employee who, according to the newspaper, "practices genealogy in his spare time." Reitwiesner discovered that Sen. Obama's ancestors likely owned slaves. His discovery hinged, in part, on records obtained from the Kentucky Department for Libraries and Archives.

The facts about Sen. Obama's ancestry possess little more than curiosity value, but the quick discovery of that information more than 150 years later says something very important about how easily we can educate ourselves with seemingly arid records.

This week is Sunshine Week, celebrated by journalists and others who cherish open and transparent government. Much of what we consider news would be impossible without ready public access to the documents of various government agencies.

Consider these examples:

Just a few years ago, Louisville Courier-Journal readers learned of their own exposure to the toxic chemical butadiene in concentrations up to hundreds of times higher than the Environmental Protection Agency considered safe. That story would not have had the same impact without free access to public records.

In January, a study by three University of Kentucky economists found that the state's economic development spending has produced fewer jobs than officials had earlier touted. The study jibed with similar findings by Lexington Herald-Leader reporter John Stamper. The study and Stamper's reports could not have been conducted without easy access to public economic development data generated by state government.

These important stories were made possible through the ready availability of the records of Kentucky government agencies - public records. Different users depend on public records for distinct purposes, but they are available to all, whatever the interest, whether to provide the information needed to examine a public policy issue, gauge the relative level of public safety or learn more about our own history.

Public records are public property in the same way that public buildings are. As Steven Hensen, past president of the Society of American Archivists, told Congress earlier this month, "... public records are not simply a collection of historical curiosities or even the record of a personal legacy. They are instead the official evidence of government activities and the very foundation for accountable government and the rule of law."

Kentuckians can be grateful that the General Assembly has acted in several areas which make government information more readily available. With the 1976 enactment of the state's Open Records Act, the General Assembly recognized that free and open examination of public records is essential in a democratic society. Further, the State Archives and Records Act directs that agencies maintain effective, continuing programs to manage and protect their records. The act also ensures that records of permanent value will be preserved and available for use at the State Archives.

In 2002, Kentucky's transparency and accountability laws ranked third among states by the Better Government Association. That ranking means that Kentucky's government is among the most open and transparent nationally.

Public records support the continuity and accountability of our government. Law enforcement agencies from around the country rely on Kentucky criminal case file information to prosecute cases in their own jurisdictions. Public records give news media the ability to question public officials about their actions and provide context to their readers. These same records enable officials to explain past decisions, craft future policy and be accountable for the consequences.

Sunshine Week is held most dearly by reporters and vigilant proponents of government transparency. But the benefits of transparent government go far beyond the headlines of your local paper. The benefits of open government extend everywhere an agency is held accountable for its actions.

Charles N. Davis is an associate professor at the University of Missouri School of Journalism and executive director of the National Freedom of Information Coalition.

Publication date: 03-15-2007