Idaho is unique in that state law requires openness in government, both in meetings and records requests.
“Open government is the cornerstone of a free society,” said Idaho Attorney General Raul Labrador in the introduction to the 2023 Idaho Open Records Manual.
But for a while, some state officials — either through ignorance of the law or open defiance — have ignored the state’s demand for transparency.
With multiple violations in the past few years, a group of journalists recently created the Idaho First Amendment Alliance, a nonprofit organization dedicated to making sure the state’s government does business in the open.
Idaho Press Club President Melissa Davlin, the leader of the alliance, told the Idaho Capital Sun the purpose is to show Idaho journalists are serious about making sure the state’s government is transparent, especially when a government agency does not follow the law.
For example, two years ago, former Lt. Gov. Janice McGeachin ran afoul of the laws when she created an educational task force designed to stop teaching critical race theory. The Idaho Press Club sued McGeachin for records from an educational task force she created, winning the case with the judge saying it appeared McGeachin would “stop at nothing” to shield public records from the public. Later, McGeachin made national news when she received the “Black Hole Award” from the Society of Professional Journalists for her reported obstruction of public records.
Closer to the Palouse, last year the Coeur d’Alene Press sued North Idaho College for denying access to employment contracts. The college claimed the contracts were “personnel records,” but a Kootenai County judge disagreed and ordered the records open.
During the past five years, the Press Club and others have repeatedly had to sue state agencies for obstructing open government. Unfortunately, such efforts take significant time and money to continue.
This is why Devlin said the new alliance was formed, to help journalists and citizens get the information they need. Devlin told the Capital Sun the goal is not to take agencies to court, but to help them better understand the laws and bring more transparency to the public. However, the alliance is also ready to take an agency to court if necessary.
Looking at the state laws, the wording is simple. Under the Open Records Act, anyone can request a record from local or state government and the agency has three days to provide or deny the record request. If the request is denied, the agency must cite a specific exemption justifying the denial. Any rejected request can be appealed to a court.
Under the Open Meetings Act, all local, county and state agencies are open to the public and any citizen is entitled to attend a meeting. The law does not allow for any agency governing body to vote in secret. Public agencies must also post notice of any meetings five days before the event and agendas must be available 48 hours ahead of the meeting.
The purpose of these laws is for people to better understand what is happening within their local, county and state government. After all, as taxpayers, people pay for these agencies and they have a right to know how that money is spent.
Ultimately, it is a shame the Idaho Press Club had to resort to creating the nonprofit alliance; however, as journalists acting in their watchdog capacity, it is a proper thing for the group to have done. The work of the alliance should help reporters and others get the information they need from the state.
For anyone who says the alliance and open government are not necessary, there is another way to think about this. For the past few years, the tagline at the Washington Post has been “Democracy dies in the darkness.”
Without the light of inquiry shining into state and local government, democracy can indeed die, if for no other reason than the people could not become involved simply because they did not know. It is the work of journalists to bring that information to the people; but if their hands are tied because of an unwillingness to share information, then it is indeed a death knell.
Tallent was a journalism faculty member at the University of Idaho for 13 years before her retirement in 2019. She is of Cherokee descent and is a member of both the Indigenous Journalists Association and the Society of Professional Journalists. She also writes for FaVS (Faith and Values) News.
