Governor should push for ombudsman position

The evidence in support of creating an independent ombudsman on open meetings and records keeps mounting. We urge Gov. Phil Bredesen to keep pushing for the creation of the position and for the creation of an independent advisory board to oversee the work of the ombudsman.

The latest piece of evidence comes in the form of a dispute between the newly formed state Ethics Commission and the Tennessee Bar Association. The TBA contends that members of the ethics commission are circumventing the state’s Sunshine Law by discussing an opinion via e-mail. The commission’s director, Bruce Androphy, says the communication is protected because it falls under the attorney-client privilege exception to the law.

Disputes like this one illustrate perfectly why this position, and this advisory panel, are needed. With an ombudsman position, the chance exists to find and hire someone who is a recognized expert on open records and open meetings. The new ombudsman would be a valuable resource to citizens who might have questions about which records are open and which information they have access to. The ombudsman’s office would provide a single place to go for people who believe they wrongly have been denied access to records. And the ombudsman would assist members of the Ethics Commission, none of whom are experts on the Sunshine Law, by helping to settle disputes when they arise.

A proposal being pushed by the Tennessee Coalition for Open Government would create an ombudsman and advisory board that is independent from the three branches of government. Creating an independent body would insulate members from political pressures and the need to please one administration or another.