Open government can be a real pain in the butt.
It is something easy to promise during a campaign. And there are some facets of open government that are easy and palatable- like the Mayor putting his daily itinerary online. But, and I mean this without any sarcasm whatsoever- truly open government can be a real pain for those in power. That is true even for a new Mayor who I think genuinely believes in transparency and sunshine.
I bring this up because yesterday, this happened:
Mayor Nutter, who ran for office on a promise of making City Hall business more transparent, yesterday tried to have reporters removed from a budget briefing that he held for City Council.
A Nutter aide, joined by a police officer, insisted that the briefing was a private matter. Reporters, citing the state's Sunshine Act on public meetings, refused to leave.
After some debate, Nutter started the briefing by saying that the briefing could be private if Council didn't deliberate or make any decisions.
"I'm not going to waste anybody's time arguing about it," said Nutter, adding that he reserves the right in the future to hold private briefings.
Reporters remained for the 30-minute briefing.
The article summarizes the Sunshine Act pretty effectively, and I encourage you to read it. What they Mayor was trying to do was to get around the Act so that he and Council could negotiate on the budget, making any official meetings more formalities than anything else. This is a page straight out of the worst days of the SEPTA Board, where they would meet privately, decide to hike fares, then publicly come out and vote. It is unacceptable for a guy who campaigned the way Nutter did, with ambitious promises about how government would conduct its business.
I really hope those close to the Mayor will hold him accountable here, because his position- that he can meet in private as long as he gives a legalistic definition of "deliberations," is far from the best practices of open government that he promised. I don't think this means he is evil or doesn't think open government is a good thing. But, I do think it shows that certain promises are a lot easier to make when you aren't in power. And when you really have a couple things you would like to hash out with City Council without those damn reporters listening in, this is what you do.
Additionally, you can read between the lines a little and tell that the media present in the room felt bullied by the Mayor to leave (ie, the presence of the police officer, etc). So, to the City Hall press corp- from Patrick Kerkstra of the Inquirer, and Catherine Lucey and Chris Brennan of the Daily News, to Mike Dunn from KYW and Susan Phillips of WHYY (see her account at It's Our Money)- a big, big thank you comes from all of us who believe in both the importance of the media as a watchdog, and in open government generally.
Later today, we will have yet another official open records request for the City. In the meantime though, it is cool that members of the local media have the back of those who believe that sunshine is the biggest disinfectant.



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