Obama sunshine, at home

Pub date January 22, 2009
WriterTim Redmond
SectionPolitics Blog

By Tim Redmond

The Obama policy on open government is really remarkable, and the memo his press secretary sent out goes far beyond what I’ve seen from almost any political official. Check it out:

THE WHITE HOUSE
Office of the Press Secretary

For Immediate Release January 21, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Freedom of Information Act

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.” In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

So I’m wondering: Perhaps the Honorable Gavin Newsom, mayor of San Francisco, should send out a similar memorandum to city agencies. It could say, for example:

The San Francisco Sunshine Ordinance should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.

I asked Nathan Ballard, the mayor’s press secretary, about that, and here’s what he told me. (Those of you have have tangled with the mayor’s office over public records, please hold your puke):

We wholeheartedly agree with the President on this issue. The mayor has
charged my office with handling sunshine requests for the executive branch
of city government, and he has directed us to cooperate swiftly and
comprehensively to all sunshine requests, and to err on the side of
openness.

Coulda fooled me.

I eagerly await the Newsom Sunshine Memo.