Guest opinion: Your ‘right to know’ needs strong advocacy

This summer, the Montana Transparency Project joined the Montana Freedom of Information Coalition, a group of veteran journalists who provide free legal advice and aim to enhance open government in Montana. Each month, the Montana Transparency Project writes these columns to share our work related to the right to know, how to access that right and the problems facing it. 

While we hope this work raises awareness, as new members of the coalition, our experience pales in comparison to other board members, who have been involved in this work for decades.

So, we thought it’d be helpful to hear directly from them about the state’s right to know and why it matters. We asked them all to share some wisdom, which we’ll dispense in our columns these next couple months.

And to kick off this series, Mike Dennison, the coalition’s president, weighed in. Dennison, a renowned journalist, covered Montana politics and public affairs for more than four decades. Through his reporting in print and on television, Dennison has learned what’s important, what’s great, and what could be better about our right to know. His responses have been lightly edited for length and clarity.

Why is Montana’s right to know important to you? What motivated you to be a part of the Montana Freedom of Information Coalition?

I was asked by one of my bosses about five years ago if I’d serve on the Montana Freedom of Information Hotline board … As I took part in the FOI Hotline, I saw how vital it was, both to journalists and the public, and the need to keep it going and improving. As journalists, most of us are aware that Montana has one of the strongest constitutional right-to-know provisions in the nation, if not the strongest. But we sometimes forget that not everyone knows that, and that many people in (and out of) state government think nothing of undermining that right. So, the preservation of that right, in reality, needs constant vigilance, which the Freedom of Information Hotline, now Coalition, is dedicated to providing.

What should Montanans know about their right to know?

That it applies to all of them — not just the media. And that it applies not only to access to public documents, but also to attend public meetings and to participate in a meaningful way, which means adequate notice for those meetings and access to documents that are central to that meeting. The more the public knows about what its government is doing, or considering, the better-positioned it can be to take part and influence those actions.

What are the biggest practical barriers Montanans face when trying to access public records in Montana?

1. The costs sometimes imposed by governments. The acceptable costs are written into law — but still the costs can be a barrier.

2. Officials who are ignorant about the law and the constitution regarding right to know. That’s why the Freedom of Information Coalition is so important — it can help people know the law, and fight against public officials who don’t, or who choose to ignore it.

3. General knowledge about what’s public, and how to ask for it and pursue it. Again, that’s where the coalition is vital — we can help them. It’s our mission to help them.

If you could change one thing about how Montana respects and executes the right to know today, what would it be?

The manner in which state officials handle requests for information needs some changes. I think its current iteration is not helpful in providing information. For example:

1. The central office that handles this information (for the executive branch) now asks people who they represent and what they plan to do with the information requested. That is none of its business. The public should not be asked that question.

2. The time allowed for response is too long. Not sure how you fix this, but they can slow-walk answers to the point where they are no longer relevant.

3. Too often I’ve seen instances of public information officers in government saying, I’m not going to answer that question — you have to submit a request — when the answer is something easily obtained. Again, not sure how to fix this.

What gives you hope about the future of government transparency in Montana?

The only hard and fast thing that gives me hope is our state constitution — it is a strong guarantee of the right to know. More and more, I see people in government in Montana trying to undermine or ignore this right. I’m hopeful that our constitution will continue to prevail, but in order to do that, we need strong advocacy from the media, other rights advocates, and groups like the Montana Freedom of Information Coalition.

One point Mike mentioned that we want to emphasize: we’re here to help. When you’re ready to exercise your right to know, reach out to us.

Jacob Linfesty is president of Montana Transparency Project.