By Eric Pool
July 3, 2023
Since the inception of our group and the subsequent growth and expansion, we have always strived for transparency and openness for ourselves and asked it of our elected leaders and government bureaucrats. We have called for transparency from our chief of police on a near fatal beating last October; we have asked the mayor to announce the candidates for the city council seat that was filled last Tuesday. We have experienced many instances personally of complete disregard for transparency by elected officials, proverbial wave of the hand.
In high school, back in the day, many of us took a course called "civics" or government. It was designed to teach the basics of the constitution and how our government is designed to work. It taught us about our civic responsibilities, such as voting and jury duty. It gave us a basic understanding of the constitution and the Bill of Rights. We had discussions in class about some of the most important constitutional case law, such as Brown v. The board of Education and Miranda v. Arizona. Unfortunately in talking with young people today, this practice of teaching the next generation about the constitution and their constitutional rights as fallen by the way side in many cases. Many school have stopped teaching kids about their rights. We are striving to inform people to go and do their research and know their rights.
A very important law for government transparency is the Freedom of Information Act (FOIA). The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society. With rare exception, all citizens are fully empowered to examine public records. The Nebraska statute that covers FOIA is listed as 84-712. Upon written request for access to or copies of public records, the custodian (government entity) of such records shall provide the information not more than four business days after the request. Even with these laws in place, officials will attempt to deny access and quite simply refuse to provide information requested. In which case, a writ of mandamus is filed. A very important case was decided by the Nebraska Supreme court in 2009 (Evertson v. The City of Kimball) regarding public records disclosures, further strengthening the rights of citizens to request and receive public documents.
We cannot simply leave it to those in power to do what is best for us. We must participate in our governance, so as not to be ruled. We see examples all over our country of states and local municipalities thrown into fiscal and social chaos because of lack of involvement by citizens. California, Denver, New York, Chicago, St Louis, New Jersey, Austin, Seattle, and the list goes on. Its imperative that we find time to attend a commissioners meeting 3 or 4 times a year, view the city council meetings on YouTube, read the agendas, and ask questions about the budget expenses.
We always encourage people to do their own research and ask questions about topics they want more information on. The links below are a link to the law 84-712 and a thorough review of the law in layman's term. Remember, it's easy to take away your rights if you don't know what they are. Be vigilant and stay informed. The People govern our country.
Public Records overview. Lincoln Bar association