A great deal of what our reporters have been able to tell you about the fatal shooting of a motorist by a former Grand Rapids police officer is due to the Freedom of Information Act.
For example, finding the facts that led the county prosecutor to charge second-degree murder; learning that the officer had both commendations and complaints in his personnel file; discovering he had also used his Taser in a struggle with a different fleeing suspect last year.
FOIA and its cousin, the Open Meetings Act, are vital tools for journalists seeking to examine and explain the work of government bodies and officials. It’s critical that both public officials and citizens understand the requirements and the power of these transparency laws.
A great opportunity to get acquainted is on the horizon.
Michigan Attorney General Dana Nessel will give a public presentation on FOIA and OMA at the offices of The Grand Rapids Press on Monday, July 18. We are delighted to host her visit, and I was also happy to hear her say on the latest episode of MLive’s Behind the Headlines podcast how well the public responds to her message.
“I think my most popular events by far have been my FOIA and OMA workshops,” Nessel said. “It allows the general public to get some information and to learn how they can become more interactive with their government. People seem to really enjoy and appreciate those events.”
Public officials and the citizens are invited to the event, but seating will be limited. For more information on how to register, click this link.
Nessel’s visit is one of several she has conducted around Michigan since she took office in 2019. And it continues a tradition started decades ago by Frank Kelley, the “Eternal General” who held Nessel’s office for 37 years.
“We do a comprehensive review of what the Freedom of Information Act is, how it’s utilized, how any member of the public can get certain types of information, what you have to do in order to get a request granted,” Nessel said of her presentation. “But we also talk about what exceptions there are so that people can have reasonable expectations of what they can receive.”
This education as much for public officials as it is for the public. Many officeholders, old and new, are not fully versed on the ins and outs of FOIA and OMA. Some problems accessing information can be attributed to misunderstandings or lack of knowledge, not willful obstinance. But even ignorance of the laws contributes to lack of transparency – and Michigan has a lot of ground to make up in that area.
In ratings a few years back by the Center for Public Integrity, our state ranked worst among all states for openness to the public. That is in large part due to Michigan being only one of two states that do not subject the Legislature or Governor’s Office to FOIA laws.
As the state’s top law-enforcement officer, Nessel and her staff are sometimes party to lawsuits that produce depositions and access to otherwise shielded communications. And that, she said, leads to glimpses of “what I’ll call ‘legislators behaving badly.’
“In all candor, to be attorney general and to know that I'm subject to FOIA and the Secretary of State is subject to FOIA and not any of these other bodies, or branches – it's insane. I mean, it's crazy,” she said.
Several transparency- and ethics-reform bills have died or are languishing in the Michigan Legislature. Until enough people understand what is at stake, nothing is going to change.
But change – just like great reporting – starts with getting the right information, factual information, which leads to informed insights and action. You can become a participant in that progress by joining me and Attorney General Nessel at The Grand Rapids Press.
🎧 On this episode of our Behind the Headlines podcast, John Hiner and Eric Hultgren talk with Attorney General Nessel about transparency in the Government and what has happened in the past week in the United States. Listen here.
###
John Hiner is the vice president of content for MLive Media Group. If you have questions you’d like him to answer, or topics to explore, share your thoughts at editor@mlive.com.
