Open Records protect public’s right to know

Published 1:02 am Saturday, October 30, 2010

An Alabama Supreme Court ruling Friday has upheld the public’s right to know about the business of public entities.

The decision was the result of a lawsuit filed by the Times Daily newspaper. Reporters for the newspaper had requested records from the Health Care Authority of Lauderdale County and the city of Florence after the authority sought bids in a plan to bolter financing of two hospitals by selling assets.

A circuit court in Florence had already ruled against the newspaper. The state Supreme Court’s ruling said the health care authority is a local government entity and its sale of assets is subject to the Open Records Act of Alabama.

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The Legislature did not specifically exempt health care authorities from the Open Records Act of Alabama, and its financial actions must be made public, the court said.

The reason for laws regarding the actions of public bodies is that people who sit in seats of power do not always want to be held responsible for their actions. Many times, open government makes those who wield power uncomfortable, even when no wrongdoing is apparent.

But the public has a right to know how its government spends tax dollars; how members of different bodies vote on issues and why; and the details of deals cut with other public entities.

In the case of the health care authority, the entity had told bidders their submissions would be confidential. The court properly disagreed that disclosure of the records might harm those bidding for the assets.

The Open Records Act of Alabama is a strong law. It is reassuring the court, in this case, did nothing to weaken it and access to information by the public.