Tuesday, April 18, 2006
Editorial: Gov. Kaine puts secrecy in the fast lane
Concealing the details of VDOT's public-private partnerships needlessly prevents public scrutiny.
From the RoundTable blog
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Virginians seemed about to make it through a session of the General Assembly without any serious attacks on open government. It was nice while it lasted.
After the regular session, the Virginia Department of Transportation convinced Gov. Tim Kaine to tweak legislation so the agency could hide some of its high-cost dealings. If lawmakers agree to the changes, they would hang a curtain before the state's public-private partnerships, curtailing the public's right to monitor how VDOT hands out tax dollars to contractors.
Senate Bill 76 was supposed to close loopholes that allow state agencies to avoid disclosure of some documents in public-private partnerships. The Virginia Freedom of Information Advisory Council, which the state created several years ago to protect the free flow of information, composed the bill with assistance from several groups, including representatives of VDOT.
That broad support led to unanimous passage by both the House and Senate.
Now VDOT has backpedaled. Under the governor's proposed changes, public-private partnerships could remain secret throughout the life of a project.
Transportation officials say they need secrecy to negotiate with private firms.
No one contests that during contract discussions, keeping some cards hidden helps the state get the best deal. Local government can hold executive sessions for that very reason. Yet secrecy over the life of a project would prevent oversight, not empower negotiators.
For example, the overhaul of Interstate 81 that the General Assembly is contemplating would take many years to complete. During that time, the public would have no way to find out whether VDOT spent millions -- probably billions -- of dollars responsibly.
Strangely, until this incident, VDOT has stood as a paragon of open government in Virginia. Its Dashboard Web page provides easy access to a wealth of information, and its internal tracking system for freedom of information requests is a model for other agencies.
With public-private partnerships becoming the modus operandi of transportation projects, particularly with a push for such deals from the House, concealing them from public scrutiny would be a tremendous mistake.
On Monday, last-minute negotiations led to a compromise that would sunset the provisions after one year. During that time, the FOI Advisory Council would rewrite the bill to meet VDOT's needs and preserve open government.
Kaine should accept that deal. Otherwise, lawmakers should reject Kaine's amendments.
