Why is it that governmental bodies expect the people to “trust” them?
Wouldn’t it be better — and of course it would — if they simply acted trustworthy instead?
Rather than running behind closed doors to discuss public business and then arguing how unfair it is that someone thinks they are doing something wrong, why don’t public officials just meet out in the open in the first place? Then there can be no reason for anyone to speculate that something inappropriate occurred.
This debate came to the surface again this week at the state Supreme Court in the WTE’s lawsuit against the Cheyenne Building Department’s Board of Appeals. As attorney Kate Fox made her arguments for the city — which says the board did not hold an illegal secret meeting in July of 2008 — she made the claim that no improper actions (such as taking a vote) occurred behind closed doors.
Justice Marilyn Kite asked, “How do we know there was no action taken in private?”
To which Ms. Fox responded, “There is no reason to suspect the board conducted a nefarious scheme in private.”
In other words: “Trust us. We would never do anything that is not in the public’s interest.”
Well, we beg to differ. There is every reason to think that the board might have acted inappropriately. Anyone who has watched government for even a moment in recent years knows that it generally acts in its own interests first. And while those interests, for the most part, tend to overlap those of the public, it is not always so. Indeed governments at all levels, from here in Cheyenne to Washington, D.C., regularly are caught acting in ways that are contrary to what the public wants and expects.
Some will call that cynical, and that’s OK with us. Our job — assigned by the First Amendment — is to keep an eye on government, and you can’t do that if your operating principle is that “trust me” is OK.
Getting back to the Board of Appeals, which turned down a permit to demolish homes just south of the Cheyenne hospital: That body itself gave every indication that it acted illegally when it went behind closed doors. After it came out, one of its members, attorney Robert Moxley, prepared findings of fact in support of rejecting the permit, which the board eventually did after perfunctory debate in open session at a later meeting.
Mr. Moxley did not, however, prepare a document in favor of allowing the permit. How did he know which one to prepare unless the members had made a decision behind closed doors? Perhaps they did not take a vote, but they clearly reached consensus on a direction for action and then rubber-stamped it in public. So much for “trust me.”
How much better would it have been if the board had acted in trustworthy fashion? If members had met in public and had a frank discussion and then voted to deny the permits, no one ever would have questioned its actions. And then Ms. Fox would not have had to make flimsy arguments at the Supreme Court about “trust.”
Now, some will argue that the board could not have had frank discussions had it been forced to talk about the permits in an open meeting. In fact, Ms. Fox said just that at the high court. But what possibly could have been said in secret that would have so shocked the public — or embarrassed the board members — that the doors had to be slammed in the public’s face? No one ever will know, of course. And even if nothing was said like that, how can government expect that this approach builds “trust?” It doesn’t.
If government ever is going to gain the trust of the public, it is going to have to act in trustworthy fashion. That includes not ducking behind closed doors every time there is a controversial issue.
There are only two possible reasons for why the Board of Appeals met behind closed doors: Either it had something to hide, or it was arrogant, so arrogant that it felt it was going to do what it wanted to do in spite of a state law that required open meetings. Either answer, unfortunately, is not about to build trust in the public for its government.