{"id":30677,"date":"2011-07-27T07:57:56","date_gmt":"2011-07-27T13:57:56","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=30677"},"modified":"2011-07-28T08:32:24","modified_gmt":"2011-07-28T14:32:24","slug":"public%e2%80%99s-%e2%80%98right-to-know%e2%80%99-isn%e2%80%99t-red-or-blue-%e2%80%93-it%e2%80%99s-evergreen","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2011\/07\/public%e2%80%99s-%e2%80%98right-to-know%e2%80%99-isn%e2%80%99t-red-or-blue-%e2%80%93-it%e2%80%99s-evergreen\/","title":{"rendered":"Public\u2019s \u2018right to know\u2019 isn\u2019t red or blue \u2013 it\u2019s evergreen"},"content":{"rendered":"<div id=\"attachment_28806\"  class=\"wp-caption module image alignright\" style=\"max-width: 270px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-28806 \" title=\"Roundhouse\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2011\/04\/Roundhouse2.jpeg\" alt=\"\" width=\"270\" height=\"221\" \/><\/a><p class=\"wp-caption-text\">The Roundhouse in Santa Fe (Photo by Peter St. Cyr)<\/p><\/div>\n<p>Well, we\u2019ve come full circle. Five years ago, Bill Richardson\u2019s administration was asked for state e-mails about an audit of the driver\u2019s license program. It refused, claiming executive privilege, and the Republican Party of New Mexico filed suit.<\/p>\n<p>This year, Secretary of State Dianna Duran was asked for state e-mails about a similar audit \u2013 a cross-check between drivers\u2019 licenses and voter rolls. <a href=\"http:\/\/www.nmpolitics.net\/index\/2011\/04\/secretary-of-state-fails-open-government-test\/\" target=\"_blank\">Duran\u2019s office refused<\/a>, citing executive privilege, and the American Civil Liberties Union of New Mexico has now filed suit.<\/p>\n<p>It\u2019s a stunning parallel, and the bipartisan principles underpinning open government are rarely on such obvious display. Open government is not a tool of the left or the right, of Democrats or Republicans. It\u2019s simply a tool to hold powerful people accountable.<\/p>\n<p>It goes back to the old adage that information is power. Authorities always seek to control the message and the debate, and freedom-of-information laws guarantee that citizens can peer behind the veil and see what\u2019s really going on.<\/p>\n<p>As New Mexico Supreme Court Chief Justice Charles Daniels wrote in a recent opinion, \u201cIn order for government to truly be of the people and by the people, and not just for the people, our citizens must be able to know what their own public servants are doing in their name.\u201d<\/p>\n<h3>Entitled to the greatest possible information<\/h3>\n<div id=\"attachment_30678\"  class=\"wp-caption module image alignright\" style=\"max-width: 120px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-30678\" title=\"Welsh, Sarah\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2011\/07\/Welsh-Sarah.jpeg\" alt=\"\" width=\"120\" height=\"160\" \/><\/a><p class=\"wp-caption-text\">Sarah Welsh<\/p><\/div>\n<p>Both the Republican Party of New Mexico and the ACLU-New Mexico sued the government under the same state law: the <a href=\"http:\/\/www.nmag.gov\/pdf\/AGO%20IPRA%20Guide.pdf\" target=\"_blank\">New Mexico Inspection of Public Records Act<\/a>(IPRA). That law states its purpose plainly: \u201call persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees.\u201d<\/p>\n<p>In practice, IPRA forces government agencies to release documents that they would\u00a0rather hold onto. It\u2019s that simple. We don\u2019t need a law to force the release of records that make the current administration look good, or make its political foes look bad. Officials are always happy to release those documents. And without the rights guaranteed by IPRA, that\u2019s all the public would get \u2013 a constant stream of \u201caren\u2019t we great\u201d news.<\/p>\n<p>The drafters of IPRA knew that government officials would be suspicious of anyone wanting to see the bad news, or even the bald facts. We see this manifested whenever the political motives or moral character of people seeking public records are brought into question. The drafters also knew that the government would throw up roadblocks to prevent or delay the release of unflattering records. So IPRA has a few clear and straightforward guidelines.<\/p>\n<ul>\n<li>No one asking for records can be required to state the purpose of their request.\u00a0Political requesters may be playing politics, commercial requesters may be making money, and muckraking citizens may be educating the public (or playing politics and making money). It\u2019s irrelevant. Each person has the same right to see public information. After all, do we really want the government deciding who is worthy and unworthy of checking the facts?<\/li>\n<li>The government has to release requested records, within 15 days, unless there\u2019s another law that allows withholding.\u00a0\u201cTrust us, we\u2019ll release it according to our schedule\u201d does not suffice as a response.<\/li>\n<li>If the government denies your request without a valid reason, or just drags its feet indefinitely, you can sue them.\u00a0And if you win, they have to reimburse you for the time and money you spent fighting in court.<\/li>\n<\/ul>\n<h3>A struggle between the few in power and the rest of us<\/h3>\n<p><!--more--><\/p>\n<p>Again, although IPRA lawsuits often play a part in larger policy and political dramas,\u00a0the battle over information\u00a0is ultimately not a partisan struggle. It is\u00a0a struggle between the few who happen to be in power at the moment, and the rest of us.<\/p>\n<p>If citizens want to hold a position of power, exercising control of our government, we must support a strong and enforceable Inspection of Public Records Act. A strong records law ensures that no matter who we are or what we believe, we can each be as informed and engaged as we want to be. It\u2019s important that we know our rights, and that we exercise them.<\/p>\n<p>That\u2019s what the Republican Party was doing when it sued the Office of the Governor in 2006, and that\u2019s what the ACLU did last week when it sued the Secretary of State\u2019s Office. These groups\u2019 defense of the public\u2019s right to know accrues to the benefit of all of us.<\/p>\n<p><em>Welsh is executive director of the\u00a0<a href=\"http:\/\/www.nmfog.org\/\" target=\"_blank\">New Mexico\u00a0Foundation for Open Government<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There\u2019s a stunning parallel between the state GOP\u2019s lawsuit against Bill Richardson and the ACLU\u2019s lawsuit against Dianna Duran. The bipartisan principles underpinning open government are rarely on such obvious display.<\/p>\n","protected":false},"author":594,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1192,16],"tags":[111,107],"class_list":["post-30677","post","type-post","status-publish","format-standard","hentry","category-commentary","category-guest-columns","tag-open-government","tag-roundhouse"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/30677","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/594"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=30677"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/30677\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=30677"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=30677"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=30677"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}