JACKSON, Miss.:
A father fights for access to information about his
son's death during a law enforcement chase, only to find
that Mississippi's sunshine laws don't require the
public release of investigative records.
A rural newspaper editor
tries to report on disputes between county officials and
trustees of a publicly owned hospital. He finds
repeatedly that decisions that should have been made in
public meetings were hashed out in private.
"We struggle from not what's
done in the board meetings but what is done in the
shadows," said Russell Turner, editor of the weekly
Greene County Herald.
Open access to public
meetings and records is essential to government
accountability. Yet Mississippi's laws — like those in
many other states — are full of exemptions that
perpetuate a culture of secrecy.
Mississippi is one of 38
states that got an "F" in the 2007 study by the Better
Government Association and the National Freedom of
Information Coalition.
"These kinds of sunshine
matters, unfortunately, generally are not high priority
with an individual citizen until he or she is personally
impacted," said Leonard Van Slyke, a Jackson attorney
who represents news organizations in Freedom of
Information lawsuits. "But when that day arrives, that
person is generally appalled with the lack of recourse."
Legislation being filed in
the state this year seeks to tighten exemptions and give
taxpayers more access to public information.
The Associated Press, the
Mississippi Center for Freedom of Information and
several newspapers in the state are publishing an
eight-day series, which started Sunday, to examine
problems people encounter when seeking information about
their own government.
Eddie Stephenson, an
insurance agent in Hattiesburg, has tried to find out
details about the Feb. 4, 2005, death of his son,
Matthew, who wrecked his vehicle while being chased by
Lamar County deputies. Stephenson requested radio and
dispatch logs and accident and investigative reports,
but officials refused.
"I feel like my civil rights
have been violated because they won't give me this
information," Stephenson said.
He spent more than two years
fighting for the logs and reports, even filing a lawsuit
that was settled last year. Under the agreement, he
cannot disclose details of the settlement.
Law enforcement officials
and economic-development groups say there are legitimate
reasons to keep some information secret. Corporations
don't want to give away trade secrets, and criminal
investigations often depend on confidentiality.
"Often times, there are
graphic explanations about what happened at the incident
that I don't think the public benefits from knowing,"
said Billy McGee, sheriff of south Mississippi's Forrest
County. "Whether it's someone during a rape wrote
something obscene on the victim's nude belly, or
something else, there are often facts contained in the
incident report that would be one of those things that
could compromise the investigation."
Campaign finance records
have been a constant source of complaints from
government watchdogs who say Mississippi requires too
little disclosure. A national study by the Pew
Charitable Trusts, the Center for Governmental Studies,
the UCLA School of Law and the California Voter
Foundation gives Mississippi a failing grade because the
state does not require candidates to file campaign
finance forms that are in a searchable, electronic form.
Most meetings of public,
taxpayer-supported bodies, such as city councils, are
supposed to be open to the public if a quorum of the
board is present. But some boards circumvent those rules
by having a series of back-to-back meetings without a
quorum. Members of a five-member board, for example,
might meet two at a time.
Turner, the Greene County
Herald editor, has covered disputes between the county
supervisors and the trustees of the publicly owned
Greene County Hospital. He said officials sometimes
argue publicly for weeks — then suddenly resolve their
differences out of public view.
"Clearly, some back room
dealings are going on," Turner said.
In 2003, Mississippi set a
$100 fine for public bodies that intentionally violate
the Open Meetings law. Turner says that's a pittance.
"Who's going to catch them?"
Turner said. "If you do catch them, who's going to care
about a $100 fine?"
____
Dan Davis of
the Hattiesburg American contributed to this report.
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