Note to public officials: Open is always better

Published Thursday, July 2, 2009
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Too often, people make things needlessly complicated.

That's especially true of public officials when it comes to open meetings and records laws. Keep it simple; keep public business out in the open. Few complain about a public body being too forthcoming.

The latest case in point was Bluffton Town Council¹s dinner meeting with two town manager candidates. There was no good reason for Bluffton Town Council to try to keep the public away. What happened last Friday night bears that out. When a reporter and a few members of the public showed up at Myrtle¹s restaurant, they eventually were invited in, met the out-of-town candidate and sat in on the discussions for a while. (The second candidate present was Marc Orlando, Bluffton¹s assistant town manager for planning. A third candidate was unable to attend.)

The state¹s Freedom of Information Act is clear that meetings must be open to the public when a majority of council is present to discuss matters over which they have supervision, control or advisory power.

The law also states that "no chance meeting, social meeting or electronic communication may be used in circumvention of the spirit of requirements of the law, which requires that ³public business be performed in an open and public manner." The dinner meeting was town business, "social setting" or no. It was a part of the town manager selection process. A majority of council was present. The town paid $515.16 for dinner. There¹s little doubt candidates were being assessed during the evening.

Mayor Lisa Sulka said before the meeting that the council would not be in "interview mode," although the interview committee, including town clerk Sandra Lunceford, assistant town manager for finance Shirley Freeman and human resources administrator Jessie Hershey were expected to attend.

Councilman Fred Hamilton Jr. described it as a chance to get to know the candidates before their formal interviews.

"We want to see them how they are ‹ not like the press is recording them."

Here's an idea: Public officials should be "how they are" whether the public is there or not. The public's presence should make little difference in what they say or do.

Bluffton should have followed the example set by Beaufort County Council when it interviewed candidates for the county manager's job in 2003.

The candidates interviewed with council members, then went to a reception, where interested members of the public could meet them, ask questions and tell them their concerns.

That's a forum that would have better served Bluffton Town Council. The town manager is a main point of contact with the public. A public reception would have allowed the council to gauge how the candidates comport themselves in that role.

Of course, they would have been on their best behavior. But it¹s safe to assume the two candidates at dinner last week were on their best behavior, too.

Keep it simple; keep it open. Everyone¹s better off — the public and the council. And if it's all innocent, what difference does it make?

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Town of Bluffton

Lisa Sulka, Mayor843.540.1579
Oliver Brown, Town Council843.757.3690
Karen Lavery, Town Council843.384.1442
Ted Huffman, Town Council843.247.8337
Mike Raymond, Town Council843.540.9471

Town of Hilton Head

Drew Laughlin, Mayor843.689.5700
Ken Heitzke, Mayor Pro Tempore843.681.8182
Wm. Lee Edwards, Town Council843.686.9020
Willie Ferguson, Town Council843.686.2863
William D. Harkins, Town Council843.263.3261
Kim Likins, Town Council843.785.4909
George W. Williams, Jr., Town Council843.363.6601

Town of Port Royal

Samuel Murray, Mayor843.524.4890
Vernon DeLoach, Town Council843.524.4655
Mary Beth Grey-Heyward, Town Council843.524.4561
Thomas Klein, Town Council843.522.0068
Joe Lee, Town Council843.522.9867

 

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