“You have nothing to fear if you have nothing to hide,” is the standard excuse used by authoritarians to listen to the American people’s conversations and spy on our personal lives. Well that motto works both ways: our government shouldn’t hide behind closed doors when their job is to work for the people. We shouldn’t fear our government, and there should be nothing to hide.
Unfortunately, this isn’t the case. The federal government exists in its own separate sphere, but for years political activists, watchdogs and the media have used the Freedom of Information Act to hold their state governments accountable. There’s no better time for the people of Michigan to FOIA their government, but our state has the weakest, most inadequate, Freedom of Information Act in the country.
What did Snyder know in regards to the water in Flint, and when did he know it? As far as the state of Michigan is concerned, that’s none of your business. While it’s possible to FOIA local officials, the law does not apply to the executive branch, the legislature and certain conversations between government agencies. In case you lost track, that’s pretty much everything in Lansing that would be worth FOIAing.
To make matters worse, many state employees have tried to avoid releasing the scant amount of information that is available through the Freedom of Information Act by using language to deter investigators. State employees will write directly on emails and documents “Not subject to FOIA” regardless of whether it’s true.
Sure Snyder may have been shamed into releasing a few redacted emails, but those emails should’ve been available from the beginning and shouldn’t require calls to action from Washington or CNN.
The Michigan Press Association was very proud of its work with the state legislature back in 2014 to reform the state’s FOIA laws to make it more affordable for the public. Regardless, even after the changes were made, Michigan still ranks 50th in terms of government transparency according to the Detroit Free Press.
There are efforts to reform Michigan’s Freedom of Information Act and remove the exemptions. It’s possible that if those exemptions had been removed earlier, the situation in Flint could’ve been avoided, or at least gone public sooner.
The state needs a reality check in regard to its transparency. Snyder has shown not just a disregard, but utter contempt for the press, for his government bureaucrats and for the people of Michigan in general. Reports from the Detroit Free Press show that state employees viewed FOIA as an obstacle to avoid, rather than a policy to follow. This attitude is unacceptable and it can not stand.
The crisis in Flint and the response from Governor Snyder has inspired open government advocates to take Michigan from last place, to first, in transparency. If the people support an open democracy then Lansing will have to take notice.
