This editorial first appeared in the Anchorage Daily News:
The Parnell administration has argued that its text messages among officials are not covered by the state’s public records law and the public has no right to see them.
A legislative attorney and common sense say otherwise.
The answer should be clear to anyone who believes that representative government must be open and accountable.
Texts, tweets, or messages tapped out in Morse code should all be part of the public record if state officials are using them to discuss and act on state business. Calling texts transitory and refusing to keep records of them creates a tanker-sized loophole in state public records law. Officials can meet and make policy decisions while communicating in ways that leave the public in the dark. That’s a powerful temptation to cut the public out and pursue agendas in ways that limit debate and scrutiny.
That’s not how representative government should work.
Sen. Hollis French sought the opinion after a former Parnell administration official said his former colleagues used texting as a means to get around public records law. The administration denies that was the intention, but insists that the public has no right to such records. At this point, we don’t know how much and in what manner state business has been done by text.
Rapidly evolving technology creates complications for maintaining open government, both in terms of record-keeping and policy. But the principle is simple: If you do state business by text, email or other electronic means, that is part of the public record, subject to the law for public access, which allows for some exemptions but keeps the process open.
Lawmakers, who set their own rules for e-communications, should live by the same principle.
The opinion by attorney Dan Wayne isn’t a trail blazer. Courts across the country have ruled that text messages don’t get a pass.
There’s no reason they should in Alaska, either. If texting creates a record-keeping headache, there’s a simple solution. Stop texting.
Texting shouldn’t be a way around public record laws.
Comments (8)
Add commentFollowing that logic we should be tapping their phone lines as
well. Sounds like the 'fourth estate' paparazzis are looking to circumvent some rules themselves.
Intercoms, megaphones and wire taps.
That would make all phone calls public record. Here we go!
I submit...
...that Dan Wayne and French Hollis disclose ALL their correspondence for public record. A lawyer and a politician... Yeah, Right!
shadows and darkness
"Officials can meet and make policy decisions while communicating in ways that leave the public in the dark. That’s a powerful temptation to cut the public out and pursue agendas in ways that limit debate and scrutiny."
Anyone who thinks the Parnell Administration doesn't prefer to operate in the dark needs to ease off on their koolaid intake.
Bug all park benches!
We can't have these criminal elected officials f a r t without the public there to smell it!
no brainer
Only lawyers and politicians would argue that using texting is not the same as using email when it comes to disclosure. Really!
I would then summarize that sending a fax is not sending a letter and should likewise not be part of the disclosed records. Or perhpas if the politicians use scrambled radio communications (yes the state does have such equipment) it should be exempt also as it not written communications. Maybe sign language use should be exempt as well.
Every aspect of a political
Every aspect of a political position should be public. Don't want the scrutiny, don't run for office. Remember, they work for us!
Hollis French is a democrat
Hollis French is a democrat hack on a witch hunt. How'd he ever get elected up North?
He better be careful what he wishes for with all the corruption going on in his own party. Oh, that's right, the rules only apply to the other side!