Update May 31, 2009

U.S. Attorney General Eric Holder’s Memorandum For Heads of Executive Departments and Agencies provides a nice summary of what the presumption of openness means.  The Attorney General identifies three ingredients:

1. Only assert an exemption if nondisclosure serves the exemption’s public purpose.

2. When possible, redact exempt information rather than withhold an entire document.

3. Never assert an exemption merely to hide mistakes or because of abstract concerns.


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Update (April 22, 2009) — Happy Earth Day

In this editorial, Seattle City Attorney Tom Carr responds to an earlier editorial about his role in the “closed door” meeting controversy.  The two editorials serve to highlight an often overlooked point — the public’s perception of a government’s compliance with open government laws can be more important than the government’s strict compliance with those laws.  One of the primary purposes of open government laws like the Open Public Meetings Act and the Public Records Act is to build public trust.  If the public thinks the government is trying to keep something secret that should be public, it builds distrust.


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