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Sunlight, The Best Disinfectant (Editorial)

2 min read

Sunshine Week, the annual celebration of the public’s access to public information, is March 10-16 this year, so the timing of a bill by state Sen. Kim Hammer, R-Benton, is fitting.

Hammer’s proposal, Senate Bill 231, would open the records of private organizations that perform governmental functions or support government agencies by fundraising or providing labor — for example, the Razorback Foundation.

It’s not often that a bill’s language sings, but SB231 is beautifully quotable: “It is vital in a democratic society that public business be performed in an open and public manner so that the electors are advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy.”

Further: “It is in the interest of the public to provide transparency with respect to private organizations that support public entities without the need for litigation.”

News stories in the Arkansas Democrat-Gazette and the Arkansas Times helped inspire the legislation. Private nonprofits that help support public, taxpayer-funded institutions like the University of Arkansas and Arkansas State University consistently refuse to disclose information that should be public.

Recent examples include the Razorback Foundation’s contract with a company aiding the search for a new football coach, which the Democrat-Gazette noted was “the highest-paid public position in the state.” ASU’s Red Wolves Foundation won’t disclose loan data related to stadium expansions.

The UA opposes the bill, with representatives claiming it might hurt fund-raising. This despite the fact that the proposal explicitly states that “the identity of donors to a private entity are not public records.” ASU declined comment on Hammer’s measure.

When the public’s money is being spent, you, the public, have the right to know how it’s being spent.

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