How to better serve public interest

Idaho code from 74-101 through 74-126 covers the state’s public records law.

There’s not a whole lot there, and some of what is there doesn’t smack of specificity.

So it is with disappointment but no sense of malice that The Press and other supporters of the public’s right to know, including Sen. Mary Souza of Coeur d’Alene, proceed down similar paths to spread the gospel of Idaho’s public records law and perhaps to strengthen the wording of the law in upcoming sessions of the Idaho Legislature.

As noted in Wednesday’s newspaper, Coeur d’Alene School District finally provided a copy of former Superintendent Matt Handelman’s amended contract only after multiple public records requests from the newspaper and its attorney, John Magnuson. Even then, the school district’s legal team said it was turning over the contract only because Handelman himself was authorizing the public disclosure. They echoed the same refrain when complying with a subsequent request for acting superintendent Trina Caudle’s contract.

In the aftermath of those disclosures and our rather pointed opinion piece Wednesday, it’s time to look forward. The dispute between the school district and the newspaper is all about the big picture: Whose interests prevail, the public’s right to know what a highly compensated public servant is being paid and what work the person is supposed to be doing for that pay, or the highly paid public servant’s right to keep that information from the public?

In our view, clearly, the public’s right to know trumps the individual’s right for them not to know. But the school district disagrees, and so do some other counselors whose legal advice shapes what information is brought to light and what information is kept secret.

Rather than merely complain about the disagreement, we offer three suggestions.

1. Attorney General Lawrence Wasden and his public records/open meeting law expert, Brian Kane, return to Coeur d’Alene for a third workshop on these important issues. Thanks to Betsy Russell and the Idaho Press Club, Wasden & Co. have done workshops around the state, bringing public officials, media and other citizens together for some fun, enlightenment and hopefully, mutual understanding. Let’s do that again.

2. Sen. Souza and her colleagues examine the state’s public records law in detail. It’s our hope that the law be clarified and given teeth to prevent public officials from putting certain documents in a personnel file and then claiming they’re now exempt from public disclosure.

3. That in the meantime, public officials throughout North Idaho read a copy of the Attorney General’s Idaho Records Law Manual: http://bit.ly/2roxo6z

The manual’s question-and-answer format is clear and helpful. For instance:

Coeur d’Alene School District officials said they were withholding Handelman’s amended contract from public disclosure because of fear of being sued. “A failure to do so could expose the district to potential liability,” said Casey Morrisroe, the school board’s chair.

According to the manual: “The statute provides immunity for any public agency, public official or custodian from liability for any loss or damage based upon the release of a public record if the individual acted in good faith in attempting to comply with the law. Good faith compliance is best demonstrated by consulting with an attorney whenever there is any doubt whether the information can be disclosed.”

Good faith. That has a nice ring to it. Maybe it’s something we all could embrace.