Sunshine week is for government agencies too!

Public bodies can build trust through transparency and access

Sunshine Week is devoted to shining a light on the importance of public records and open government. Traditionally, though, it is the press and open government advocates that celebrate by writing articles or hosting events highlighting the importance of transparency.

But there are many reasons why government agencies should also be involved. Transparency and openness build trust, and having public “buy-in” makes it easier to govern. Here are a few ways agencies can increase transparency:

Make public meetings more participatory

The COVID-19 pandemic taught us that when public meetings are online, more people participate. Although thankfully, many agencies continue to livestream their in-person meetings so folks can watch remotely, not many allow remote public comments. We all have busy lives, which can make attending a meeting difficult. A hybrid format where residents can speak either in person or remotely promotes the most participation.

Some agencies have imposed draconian policies regarding public comment. They require folks to sign up to speak days in advance, or they limit the topics that can be raised during public comment. These policies run afoul of the law and discourage public input. Agencies with these policies should repeal them.

Put more records online

Agencies complain about receiving too many OPRA requests. But there are many records that can be placed online, alleviating the need for requests. Every agency should post basic transparency documents: budgets, invoices, bank statements, vendor history reports, payroll records, reimbursement receipts, contracts, bids, meeting minutes, and so forth. Putting them online would make it easier for everyone.

Similarly, many agencies use portals where requestors file their requests. Some towns make their portals open, allowing others to review the requests and responsive documents. This makes it easier for others to see what has been requested and skip filing a duplicate request for the same records. Agencies with closed portals should open them up.

Audit your OPRA compliance

The most frequent complaint I hear from the public is how long it takes to have their requests fulfilled. Extensions have become the rule rather than the exception. Just as I encouraged Governor Sherrill to do, towns and counties should audit their OPRA compliance. Decision-makers may realize that custodians need better training or more staff to fulfill their statutory obligations under OPRA.

Publish public notices in newspapers and digital news sites

Public notices alert the public to proposed government actions, such as upcoming public meetings or hearings, proposed ordinances, bidding opportunities, proposed budgets or tax hikes, zoning board and planning board applications, foreclosures, and a slew of other actions that affect the community.

Historically, residents read a newspaper (or visit a newspaper’s website) and easily viewed public notices. Placement in a neutral, third-party publication ensured the notices were published in compliance with the law. The notices were also published on NJPublicNotices.com, creating one searchable statewide repository of notices.

Last year, as it has done with other transparency laws, the New Jersey Legislature gutted the public notice law. Now agencies need only put public notices on their own websites (which can be modified at whim without oversight). Under this new system, a resident in Monmouth County who wants to know what is happening within the county must visit the websites of 53 different towns to review the notices. Inevitably, many unpopular government actions will not be discovered until after the fact, and public participation in local government will decrease.

Nothing in the law prohibits public agencies from also publishing notices in newspapers and digital publications. Doing so increases transparency and ensures those without internet access have a place to view public notices.