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Most of what got ink in the press dealt with dollars or lack thereof. But one particular piece of legislation was championed by Winona’s Rep. Gene Pelowski.
Pelowski, supported nearly unanimously by both the House and the Senate, as well as Gov. Tim Pawlenty, introduced some changes to the Data Privacy Act, the section of state government that deals with your right to know what the government is doing.
This is no small, obscure part of the law. It deals with how public officials meet and what data is open for your inspection. One of the loopholes in public data law has been that when publicly elected officials, such as city councils or school boards, meet in closed session, there was no requirement to take notes or record it.
Public officials can meet in closed sessions for a variety of legal reasons, often having to do with contract negotiations, real estate transactions, disciplinary actions or personnel information. The public and reporters up until now had to simply trust that public officials were holding to the letter of the law, not straying off topic or making other decisions while in closed session. If a member of the public wanted to challenge a closed session, arguing it was illegal, there’d be nothing more than the word of a public official vouching that everything was above board.
But that’s like asking the fox to guard the henhouse.
With Pelowski’s new change, it will require public bodies to record closed sessions. It doesn’t necessarily mean those tapes will be made public. It means if a member of the public wanted to challenge the legitimacy of the closed session, a judge or jury, could have a factual foundation to make a decision, rather than merely the word of a public official, whose objectivity in the matter would be — at best — questionable.
This is a victory for good government in Minnesota. It adds an essential part of accountability to the law.
For those bodies already in compliance with closed session procedures, this change should mean little more than a tape recorder. The public officials who might not like this are those who have something to hide.
If you don’t know Pelowski from his distinguished public service career in the Legislature, there’s a good chance you know him from the classroom. For decades, he’s been teaching the next generation of students about how government — good government — works.
There can be little doubt that Pelowski truly practices what he’s been preaching.
The Winona Daily News editorial board also includes publisher Rusty Cunningham and online editor Jerome Christenson. To comment, call (507) 453-3507 or send e-mail to letters@winonadailynews.com.
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