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March 19, 2015: Reform public records law in Masschusetts

Bill Fine: WCVB-TV President and General Manager

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March 19, 2015: Reform public records law in Masschusetts
Bill Fine: WCVB-TV President and General Manager
Each year in mid-March, we observe Sunshine Week – a national initiative that stresses the importance of open government and freedom of information. Regrettably, Massachusetts needs more sunshine.Editorial pages across the state have echoed our often stated view: it’s time to reform Massachusetts public records law.Secretary of State William Galvin’s guide to Massachusetts public record law starts with a simple premise; that, “every government record in Massachusetts is presumed to be public, unless it may be withheld under a specifically stated exemption.” Unfortunately that’s where the simplicity ends. Exemptions are piled higher than this winter's snow banks, consuming a majority 19 of 36 pages in the secretary’s guide.Last week the Globe reported several instances where Galvin’s office blocked access to public records – including a ruling allowing Boston Police to withhold the names of five officers arrested for drunk driving, and another permitting state police to withhold the report of a trooper’s arrest.Most troubling, these rulings by Galvin’s office gives undue power to law enforcement, allowing them to make public or keep secret - any arrest, even in matters of criminal activity within their ranks. The burden of these decisions should fall on the lawmakers, not on Galvin or police chiefs.Needless to say, these rulings do not remotely pass the smell test when it comes to open government. Far from letting in sunshine, they pull a shade over activities the public has every right to know about.To Galvin's credit, he has pointed out repeatedly his hands are tied and his office needs legislative cooperation in reforming the state's public records laws. Without progress on Beacon Hill, Galvin is exploring the option of putting reforms in voters’ hands via an upcoming ballot initiative.We’d rather the legislature be pushed into action -- a referendum is akin to kicking the proverbial can down the road and delaying reform, rather than solving the problem directly.Across most of our country, access to arrest records is commonplace.And it should be here, too. Winter is ending and so should this anachronistic practice. It’s time to let the sunshine in.

Each year in mid-March, we observe Sunshine Week – a national initiative that stresses the importance of open government and freedom of information. Regrettably, Massachusetts needs more sunshine.

Editorial pages across the state have echoed our often stated view: it’s time to reform Massachusetts public records law.

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Secretary of State William Galvin’s guide to Massachusetts public record law starts with a simple premise; that, “every government record in Massachusetts is presumed to be public, unless it may be withheld under a specifically stated exemption.” Unfortunately that’s where the simplicity ends. Exemptions are piled higher than this winter's snow banks, consuming a majority 19 of 36 pages in the secretary’s guide.

Last week the Globe reported several instances where Galvin’s office blocked access to public records – including a ruling allowing Boston Police to withhold the names of five officers arrested for drunk driving, and another permitting state police to withhold the report of a trooper’s arrest.

Most troubling, these rulings by Galvin’s office gives undue power to law enforcement, allowing them to make public or keep secret - any arrest, even in matters of criminal activity within their ranks. The burden of these decisions should fall on the lawmakers, not on Galvin or police chiefs.

Needless to say, these rulings do not remotely pass the smell test when it comes to open government. Far from letting in sunshine, they pull a shade over activities the public has every right to know about.

To Galvin's credit, he has pointed out repeatedly his hands are tied and his office needs legislative cooperation in reforming the state's public records laws. Without progress on Beacon Hill, Galvin is exploring the option of putting reforms in voters’ hands via an upcoming ballot initiative.

We’d rather the legislature be pushed into action -- a referendum is akin to kicking the proverbial can down the road and delaying reform, rather than solving the problem directly.

Across most of our country, access to arrest records is commonplace.
And it should be here, too. Winter is ending and so should this anachronistic practice. It’s time to let the sunshine in.