Staff Report | News

Sunshine Week: ‘Presumption of disclosure’ the norm under Obama administration

President Barack Obama’s attention to information disclosure policies nationwide has many hopeful for the increased transparency of governmental records.

Obama revoked a Bush administration policy on his first day in office that limited access to public records sought under the Freedom of Information Act.

FOIA grants the citizenry access to public records within 10 days of a request, unless a reason exists to withhold information.

The decision resonates strongly during Sunshine Week, a national initiative in which journalism organizations promote open government and freedom of information, which began on Sunday.

Obama’s directive urged agencies to adopt a “presumption of disclosure” with all decisions involving the information law.

“The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails,” his official memorandum reads. Robert Martin, associate vice provost for Faculty Personnel Services and a CMU FOIA officer, said he is not aware of how anything that happens with FOIA on the federal level affects Michigan, or the university.

“We would continue to be governed by whatever the legal requirements are,” Martin said.

Mike Hiestand, a Student Press Law Center Attorney, said Obama’s directive was much needed because administrators actively try to get around the law.

“It’s about time,” he said. “The law has existed for years and years, but for much of the time, it’s been one of those laws where government officials look the other way.”

Hiestand said many who receive FOIA requests pay no attention to the set time frame to respond. Sometimes, he said, information is sent several weeks, even months beyond the deadline.

“I’m pleased we seem to have someone at the top who believes what the law says,” he said.

Frank Boles, director of Clark Historical Library and president of the Society of American Archivists, sent a letter to Obama on behalf of the organization.

The letter requested the president’s attention to George W. Bush’s Executive Order 13233, which addresses governmental records.

Though Boles didn’t expect Obama to take action so quickly, he is pleased to see progress, for whatever reason.

Archivists routinely work with compiling source information, and often run into snags with obtaining important government-related documents.

“The Bush Administration seemed to hold information more closely,” Boles said. “The presumption can’t change the FOIA law, but it can change the presumptions that underlie the law. It changes the bureaucratic mindset.”

Carmen Berkley, president of the United States Student Association, said students are increasingly hitting roadblocks with efforts to obtain information from administrative members.

As a result, Berkley said, many stories on financial aid and other economic issues go unreported.

Though she said many students probably aren’t aware of Obama’s notices about FOIA, the progressions will help student reporters.

“Reporters are not out there to vilify the Federal Government or expose secrets, they’re there to tell the truth,” she said. “If (officials) are not doing anything wrong, there shouldn’t be any concerned government officials or reason to hide the reports anyway.”

university@cm-life.com

E-mail the author: Heidi Fenton

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