AP
Exemptions subvert open records laws
By EMILY WAGSTER PETTUS,

The Associated Press Wed Feb 13, 2:43 AM ET

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?"