by Jim Condos, Democratic Candidate for Secretary of State

I want to share my vision for the Secretary of State’s role in the future of Vermont.

The Secretary of State must follow the Constitution, and the laws of Vermont while protecting the public interest.

Open Government is Good Government.

A commitment to open government must go much further than open campaign races.

It must be a commitment to transparency at all levels of government, which includes open access to public records throughout our state agencies and departments.

My plan, as Secretary of State, is to ensure that the current Douglas administration practice, of which my opponent was a member, does not continue to be a barrier to the public’s access to public records.

Vermonters need to stop being treated as adversaries of government; we are all a part of government.

If government operates in secrecy, then we erode our democracy.

I believe that it is of paramount importance that we do everything possible to ensure that the citizens of Vermont trust our government.

I believe that openness will strengthen our democracy and promote efficiency, accountability, and effectiveness in government.

My vision for the Secretary of State’s office includes:

1. Advocating for the creation of a Public Records Advisory Office within the office of the Secretary of State.

a. Several states have similar offices intended to resolve public records disputes and eliminate the need for litigation.

b. This would include a new position of “ombudsman” to be the first line of appeal.

2. Supporting the establishment of a Public Records Act Review Committee to review the more than 200 exemptions to the Public Records Act which contain ambiguities, technical flaws, or are simply out of date.

3. Working with the Legislature to determine if any of the barriers to public access to government meetings and records are a result of current laws and, if so, working to promote legislative changes to increase public access.

My research indicates that Florida, Washington, Texas, and California have the strongest open records laws and they

include a provision whereby payment of attorneys fees are

required, which acts as a deterrent to government holding back

records.

4. Working with the new administration to issue a Memorandum on Transparency and Open Government (perhaps as an Executive Order), instructing heads of departments and agencies to take specific actions to establish an open government based on the principles of transparency, participation, and collaboration.

5. Working with state government overall to develop information technology that will enable people to access information online in a user-friendly way.

6. Meeting with town clerks and city/town boards to discuss the importance of open meetings and open records and encourage the same local polices.

7. Updating and making readily available the Secretary of State handout, Matter of Public Record: A Guide to Vermont’s Public Records Law.

8. Strongly advocate for a searchable on-line format of all contracts and grants in all areas of state government to further transparency.

In 2008, I was the lead sponsor on a bipartisan Resolution (JRS 57) as a Senator to urge the Agency of Administration, in an effort to achieve the greatest possible transparency in the state’s fiscal transactions, by posting the full text of its contracts and grants, in all fields of endeavor, in a searchable format on the Internet.

9. Working with the Legislature and the Administration to ensure that all state contracts include a provision whereby all contractors must abide by Vermont public records laws.

On the issue of open government, here are some examples where I believe my Republican opponent, who was a senior aide with the Douglas administration, falls short.

The Douglas team:

• Supported and expanded the principle of deliberative process, especially for the executive branch, keeping meetings and documents secret and behind closed doors.

o Denied media access to documents relating to violations of state and federal law that resulted in serious pollution of the Missisquoi River by a private developer.

o Denied a citizen group access to agency documents that could help explain why the Department of Environmental Conservation has failed to implement an important pollution prevention program.

o Denied state employees access to workplace policy documents involving a situation where state employees became seriously ill because of adverse working conditions

• Supported serious restrictions on the ability of state workers to testify at legislative hearings; deliberately restricting the legislature’s ability to deal with issues throughout government.

• Supported privatizing government jobs, resulting in those  private companies ability to hide records from the public – contracting out the public’s right to know about the quality of services that are being contracted out

o An example of this is the recent Prison Legal News case, where access to public records was denied in an investigation of the death of an inmate.

• In 2006, the Administration held back an affordable housing audit which they asked for, until I, as Chair of Government Operations, requested a public hearing and brought the author in for the hearing to testify.

He told the legislature that the administration did not like the report and wanted significant changes which the author refused to do.

I pledge to ensure the democratic rights and privileges that we cherish as citizens.

I have a unique and relevant background for the Secretary of State position with over 20 years of elected public service including 18 years on South Burlington City Council, 8 years as a Vermont State Senator, and over 30 years of private sector business experience.