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Covid-19 Democracy Public Engagement virtual public meeting

The Cracks in Most Virtual Public Meetings Revealed by COVID-19

(This article was originally posted as a guest blog for PublicInput during Sunshine Week 2021)

Every state has open government laws regarding requirements and policies for public records and public meetings. A year ago, during Sunshine Week 2020, most states enacted emergency orders to rescind those laws due to the COVID-19 pandemic. For state and local governments, in particular, agencies and personnel were faced with an unprecedented challenge to manage operations remotely including their public engagement.

Access to and management of public records and public meetings became a major challenge for the public sector as well as for the public. Bringing together public officials virtually had its own challenges –technical and procedural. However, when it came to ensuring the public would be able to participate in those meetings, chaos emerged.

Technology is supposed to create efficiencies for its users. However, in many cases, virtual public meetings required more staff than conventional public meetings and from agencies that typically do not play a major role in these meetings.

Digital transition and adoption by government have lagged behind the private sector. For two decades, that focus has been prioritized on government’s transactional relationships with the public, e.g., (taking and processing payments, documentation, information searches, and exchanges) and less on interactional relationships, i.e., public engagement, even though end-to-end solutions are available. And the pandemic exposed these shortcomings in a big way.

As the government scrambled to comply with their legal requirements to ensure public and press access to public meetings, we saw three models of virtual public meetings emerge:

  1. Fail: Many jurisdictions wanted to forego all compliance with their open government laws regarding: records and meetings. And many decided not to make the effort if it wasn’t required, and if it was, performed the very basic response to meet the minimum requirements. Lacking the technology capabilities, the training, or just the initiative, the results were poor and unproductive leaving both the government bodies and the public with a lousy experience. Losing the public wasn’t the only consequence. Losing their trust at a critical time during a pandemic is something not easily regained.
  2. Frankenstein: This model emerged from most governments that made efforts to comply with laws and procedures by piecing together multiple technology solutions to handle the tasks. Think about an orchestra: many instrument sections to perform one musical piece. As Miami’s CIO, Mike Sarasti said on Twitter after a March 25 commission meeting, they “used @zoom_us for in-meeting participants, then attendee view was sent out to usual @Granicus, Twitter, FB Feeds. @Qualtrics for Form-based feedback, voicemail via @Cisco setup, @WeTransfer for vid submission. Add a fair share of talented co-workers, & you’re good.” That’s a lot of government cooks in the kitchen. This model is proving unsustainable due to its inefficiency, expense, and unpredictability.
  3. Future: This model represents those governments and agencies that realized and took advantage of end-to-end technology solutions specifically created to manage virtual public meetings/engagement and meet their legal and political responsibilities (like other GovTech solutions developed to handle different administrative responsibilities and requirements in other agencies). Benefits have included increased participation and inclusion, more manageable public input, greater efficiency and productivity, and trust.

One thing we have learned from successful virtual meetings over the last year is that given the opportunity to participate, the public will. However, the quality of the experience will determine whether they return.

Virtual meetings, when working, are being accepted by the public and by the public institutions convening them. Many public officials (especially elected ones) have expressed their desire to return to in-person meetings for that face-to-face experience. However, successful virtual public meetings have made an impressive impact as a way for governments to engage the public and vice versa.

An early concern in the pandemic was that due to the turmoil being created by virtual public meetings, once the virus subsided, governments would return exclusively to in-person meetings, missing the opportunity to create a new era of public engagement. However, that is not happening. New policies and laws are being changed or created to include the continuation of virtual public meetings that can complement or be held in lieu of in-person meetings.

In Boston, efforts are underway to make remote, virtual participation in public hearings and meetings a permanent fixture of city government. Legislation proposed in Nebraska will allow local governments to hold meetings via “virtual conferencing.” Similar efforts are being pushed in South Carolina and other states and local jurisdictions.

An engaged and informed public has economic and civic benefits, and virtual public meetings meet new communication and information needs and expectations of constituents.

The opportunity for governments will be how to structure their public participation to continue virtual public meetings and combine them with in-person meetings as they continue their transition in the digital age of public engagement and democratic practices.

Think of the virtual public meeting as the heart of citizen engagement.

Former Washington State representative Renee Radcliff Sinclair speaking about government transparency and trust said this week: “The COVID-19 pandemic has tested us all in ways we never imagined. And while its long-term societal impacts probably won’t be known for some time, in the short term it has substantially eroded our trust in our cornerstone institutions, including government… So, the question becomes, how do we build back that trust? By giving the public a front-row seat to its proceedings.”

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Democracy Journalism Local Government

From Bad Bills Come Bad Laws: A Proactive Prescription for Restoring Trust in Government and Democracy

When the John S. and James L. Knight Foundation announced in March a $300 million investment to improve the quality of local news, it made an important first step to restoring trust in a key component of our society.

The funding decision was spurred by a recent report from the Knight Commission on Trust, Media and Democracy, which explored the disconnect between the public, the press, and our public institutions, notably the government.

Its conclusion: We are in a watershed moment and must make reforms in our media and civic infrastructure.

The report advances a series of recommendations aimed at the news media, civic educators, and the public. And while the report urges “every government official to be open and transparent,” what is missing is a list of reforms required in our federal, state, and local governments to help restore trust.

Instructing government to be transparent is not enough. Restoring trust in democracy through our public institutions must include reforms in all branches to ensure openness, access and accountability.

Knight addresses one area of needed reforms by granting $10 million to the Reporters Committee for the Freedom of the Press to increase litigation efforts to defend access to public information. This is an important and welcome investment to ensure our First Amendment rights.

Even so, building trust in government requires a strong offense as well as a strong defense. The National Freedom of Information Coalition and its state coalitions support a multi-faceted approach beyond reactionary litigation to usher in needed reforms.

Most litigation challenges bad laws that lead to bad policies. But before they were bad laws, they were bad bills. A proactive, holistic approach to needed legislative and policy reforms can prevent these bad laws and poor public policies from being created in the first place.

It’s a daunting task to enact reforms that promote trust in our public institutions in an era where more and more governments, particularly state legislatures, attempt to undermine existing open government precedent, making it harder for journalists and the public to monitor and report violations that diminish access and accountability.

But there are areas that have shown results to increase transparency and accountability of our public institutions and should be instilled in all public institutions across the nation:

· Legislative tracking. Bad bills can be identified and fought early. Yet this is not an easy task. Many state legislatures can bury amendments that dismantle existing open government laws or increase exemptions to existing laws in the text of unrelated bills — hiding them from the public until it’s too late.

· Compliance enforcement. State and local governments across the nation inconsistently comply with their open government laws. Sometimes it’s a lack of training and education. Other times it’s intentional. Enforcement of existing open government laws is critical to discourage violations. Yet violators are rarely charged and when they are, punishment is usually a slap on the wrist.

· Formal appeals processes. Some states don’t have an appeals process when a record is denied, leaving the petitioner no option but to sue, which creates a financial burden not only on the requestor but also on the taxpayer. Independent state open records ombudspersons are a way some states combat this issue. Fee shifting, where the losing government agency pays the legal fees of the prevailing petitioner is another.

· Technology solutions. Open data and online request portals readily provide public access to public records, establish or advance professional standards, and help create best practices within executive branch agencies.

Without public oversight, without creating more professionalism in administering state open government laws and policies, and without an internal culture to punish violators, there will always be inevitable situations where a bad bill is passed, or when a public agency continues to deny access in violation of their state open government laws. And the only option is to sue.

Still, through enacting reforms in all branches of state and local governments, and proactively monitoring and educating the public (and officials of their responsibilities), we can help restore trust in our democracy by restoring trust in our public institutions.

Daniel Bevarly is executive director of the National Freedom of Information Coalition, a nonprofit, nonpartisan organization that promotes press freedom and legislative and administrative reforms that ensure open, transparent, and accessible state and local governments. Reach him at dbevarly@nfoic.org.