Much of the work done in the name of the public is
complicated and deals with matters that are best kept confidential until they
are ready for public discussion or implementation. Confidentiality protects
people and their private lives from unnecessary public intrusion. If it
matters, of course such information needs to be included in public discussion;
but much of this information is not pertinent to public scrutiny.
Confidentiality is also needed in any matter that would affect
the cost of a purchase or sale of property in the public domain. In fact, this
is the primary reason public agencies enter ‘executive sessions’. Personnel
matters and commercial property trades are kept from public inspection.
Internal discussions of public agency work groups and teams,
should remain out of public view only if it helps staff think through the
issues completely and creatively. This freedom to consider all pertinent issues
is central to meaningful outcomes. Once decisions are made, or
policies are unveiled for implementation, then it is fair game for the public
to investigate and comment. That is when transparency in government happens.
Transparency also should occur during public on-record
discussions – legislative bodies meeting, city council meeting, and so forth.
Non-disclosure agreements are usually appropriate to
maintain competitive and creative ownership of ideas central to the value of a
company or organization. It is not a tool to screen individuals from responsibility
for their actions or behavior which may not be in the public’s interest.
In private industry NDA’s are common. In Government they are
not common. Only in matters of national security are secrecy protocols in
place. National defense and diplomacy arenas have such secrecy policies.
The trump White House appears to be blending private with
public administration in matters of secrecy. As a result, public transparency
suffers. The White House Press Corps has broad access to the White House and
its staff for just such reasons. Transparency. This is the seat of government.
This is where the public’s work is formed, planned and often accomplished. This
requires openness with the public.
Watching how sausage is made is not very pleasant. But it is
important that someone is watching to prove standards and safety of the
product. The same is true in public administration of the people’s work.
Non-disclosure Agreements in government ought not be used
unless to protect personnel or market value and national security matters.
The White House is the People’s House. It is not the private
digs of mr. trump.
March 20, 2018
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