Local Opinion: Role of media more important than ever in these trying times

This is Sunshine Week, the annual celebration of government transparency and those reporters, editors and news organizations who fight for such access. Often at this time of year people like me write about the importance of free speech and access to governmental information and sprinkle in a few quotes from Thomas Jefferson or James Madison, whose 269th birthday is this Tuesday. That is unnecessary this year, because the coronavirus pandemic, more than anything else I can remember, illustrates the importance of governmental transparency, dogged news reporting and some unique challenges that face Arizona governmental bodies when public gatherings are being cancelled or curtailed.

There is currently an acute need for accurate and timely public health information from federal, state and local authorities. There is no question that the federal government was slow to respond to the dangers posed by the coronavirus. We were not as prepared as we should have been, even though medical experts have long known about the risk of a pandemic. As The New York Times recently reported, two years ago the National Security Council’s director for Medical and Biodefense Preparedness Policy gave a speech where she said, “The threat of pandemic flu is our number one health security concern. We know that it cannot be stopped at the border.” The day after she made those remarks, the White House disbanded her unit.

There will be much more reporting in the coming months to explain why the federal government was so slow to acknowledge the threat we are now facing, but for the moment there is vital need for accurate and timely public health information from government agencies and for the news media to provide the public with the information it needs to assess the performance of the government. Reporters must be more than just stenographers at government press conferences.

They must use the tools provided by the Arizona Public Records Law and federal Freedom of Information Act to thoroughly examine the preparation and response by our public officials to this pandemic.

The coronavirus also presents a unique challenge to the legislature, city councils, school boards and other public bodies under the Arizona Open Meetings Law. Last week, Tucson Mayor Regina Romero announced that all public meetings and city-sponsored gatherings in Tucson where the public is invited would be suspended, including all meetings of city boards, committees, and commissions. As a short-term measure this may be fine, but if the suspension of public meetings goes on for very long, it will be a problem.

Under the Open Meetings Law, the Tucson City Council cannot take any legal action unless it does so in a public meeting.

The Open Meetings Law further requires that “all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings.” So, the Tucson City Council cannot take any legal action outside of a public meeting, yet conducting such a meeting currently could pose a public health risk.

The Arizona legislature, which is also subject to the Open Meetings Law, last week closed the public galleries in both Senate and House, and “encourage[d] members of the public to limit their attendance at committee hearings until further notice.”

Likewise, the town of Oro Valley has announced that in-person attendance will not be allowed at its upcoming March 18 and April 1 town council meetings and will limit public participation to online video streaming of those meetings.

Whether barring the public from in-person attendance at public meetings complies with the Arizona open meetings law may very well depend on the quality of the video and audio streaming feed available. If the feed makes it difficult for the public “to attend and listen,” such a meeting may not comply with the law, and thus any action taken during that meeting would be “null and void” pursuant to the open meetings law.

The public health challenges posed by the coronavirus are unique, and the need for public transparency of our government and top-flight reporting by newspapers, broadcasters and online media outlets has never been greater.

This week is as good a time as any to support local journalism and the vital role it plays in our society. Thomas Jefferson and James Madison would approve.