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Home > Opinions > Dan Page

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Does Public Support Open Government?
Posted Thursday, July 24, 2008 ; 06:00 AM | View Comments | Post Comment

If West Virginia law allows government entities to meet in private, doesn't that law reflect the wishes of the governed?

Story by Dan Page
Email | Bio | Other Stories by Dan Page

If West Virginia law allows government entities to meet in private, doesn't that law reflect the wishes of the governed?

Perhaps.

Some of my friends argue that most West Virginia citizens simply don't care that state and local government bodies meet in private, in executive sessions, at retreats, in local restaurants. Many citizens -- feeling powerless and cynical -- believe they are bystanders in the democratic process. They say their votes don't count, so why bother to vote? Why bother to pay attention?

Others fear reprisal -- the loss of business, the loss of a job -- if they stand up and demand accountability.

After writing last week about the state's weak open government laws, I was delighted to see J. Michael Myer, executive editor of the Wheeling News-Register, offer his thoughts about open government. He noted that incoming members of city government in Wheeling had met informally and privately before they had taken office. He acknowledged that their meetings were legal. But he observed:

"Many West Virginians share the press' distrust of government behind closed doors. In the past they have seen government officials make serious mistakes as a result of secret meetings. Had controversial issues been known to the public, valid objections might have been made and errors could have been avoided.

"Officials who believe in closed government are not just arrogant, then, but also aren't safeguarding their own interests. Look at it this way: If the public knows in advance about a plan and has had time to discuss it, everyone involved is likely to be more understanding if it goes awry.

"If it's a secret, guess who gets all the blame?"

Myer is right. Open government is better government.

My limited experience in state government, however, taught me a couple of things. Those running it have not made it easy to search out information. For example, the law requires the public and /or media to be specific about what documents or records it is seeking.

The truth is that officials have the ability to establish accounts and other records that no one else knows exists. The public or reporters could never identify them because they don't know they exist. In addition, I do not recall any court ever ordering any public official to do much of anything when it comes to public records or public meetings. Seldom do those cases ever get to the point where a court has to take any action against a government official. In other words, government officials who want to operate behind a veil of secrecy can pretty much do that.

I am not optimistic that anything will change. If the public doesn't care, our public officials aren't apt to make any changes.

The ball is in the Legislature's court, and those who believe in open government must make their case to lawmakers.

* * *

The trip on Interstate 79 between Charleston and Clarksburg tends to be tedious -- 125 miles of four-lane highway through the forested beauty of West Virginia.

But for sports lovers, Burnsville at Exit 79 on I-79 could be a place for a quick pilgrimage to visit the site of a national basketball accomplishment -- the tiny old gym where Danny Heater of Burnsville High School scored 135 points in a game in 1960 to set a national high school record that still stands. The old school is just a stone's throw from the exit.

Ernie Moore, a member of the Braxton County Board of Education and a longtime coach in Braxton County and previously in Ohio, said the old gym where Heater set the national mark still exits. Burnsville High was consolidated along with Sutton and Gassaway high schools in 1969 to establish Braxton County High School.

Moore said he plans to bring up the possibility of bringing more attention to Heater's scoring fete at the next school board meeting.

Moore said he recalls talking to Jack Stalnaker, who coached the Burnsville High team that January night when Heater connected on 53 of 70 field-goal attempts and 29 of 41 free throws against outmanned Widen High School. The BHS Bruins won 173-43.

Moore said Stalnaker devised a game plan that would showcase Heater's abilities so college coaches would become aware of the talented but unknown player. That plan resulted in a record that has lasted nearly 50 years.

Not everyone was impressed with the way Burnsville beat the Widen team. But those were different times, and the coach certainly found a way to generate some interest in Heater, who went on to spend a short stint at the University of Richmond.

I'm not sure what sort of recognition would make the most sense, but the old gym is worth at least a sign that tells the Danny Heater story. Heck, I'd even like to peak inside the old "crackerbox" gym where history was made.

* * *

With football season coming up, I wondered whether sports administrators at West Virginia University had taken any action regarding a suggestion to name the press box at Mylan Puskar Stadium for the late Jack Fleming, the Voice of the Mountaineers.

Yes, WVU is aware of an online petition circulated last spring that sought support for the naming of the press box for Fleming, said Mike Fragale, sports information officer at WVU. But the university has made no plans to make any changes.

It's not necessarily that WVU officials oppose the idea, he said, but they will roll such possibilities into their long-range plans.

"Jack is still remembered in the hearts of a lot of Mountaineer fans, including many people in this department," Fragale said. "I worked with Jack for 17 years myself."

Dan Page is editor and publisher of The State Journal. His e-mail address is dpage@statejournal.com.

Copyright 2010 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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