Guam should have no more secret government meetings (official or unofficial), especially when held by politically appointed regulatory agencies.
To the best of my knowledge, even when courts have found the Open Government Law violated, there have been no prosecutions.
In my case, the Guam Board of Medical Examiners “misplaced” most of the electronic records and transcripts of the proceedings, especially those parts embarrassing to the government. The court recorder was paid thousands of tax payer dollars to create a record which allegedly can no longer be located (reportedly given to a private attorney [paid tens of thousands of dollars). David Highsmith was the assistant attorney general assigned to the case.
One cannot effectively review or challenge an action taken by a regulatory agency when the official record has gone missing. Unfortunately, professional licensing boards on Guam can even consider evidence unacceptable to the court.
In order to protect the public, as well as the rights of the individual, public proceedings should be officially recorded, archived, accessible and/or allowed to be recorded by citizens or the press. Even if a meeting is held in executive session, the recordings should be made available within a reasonable period of time.
Audiovisual recordings would allow for better oversight and public scrutiny of the conduct of officials in those proceedings. Relevant e-mail correspondence between members of those entities should become part of the public record. Failure to do so should void any unrecorded related actions and there should be severe sanctions imposed in cases of violations. The availability of off-site record storage will eliminate the tired excuse records were “lost or damaged” by weather. The right of a citizen to create a separate e-record of a government proceeding should not be prevented so long as the process is unobtrusive.
On Guam, official minutes and recordings of important or controversial meetings have gone missing, are “accidentally” erased, damaged, with testimony lost. Non-existent privilege or confidentiality rules are often cited as reasons preventing the release of information. It is difficult to fathom a representative of the AGO opposing the preservation of elements of what are supposed to be fair hearing processes, or activities conducted at tax payer expense.
In moving toward government transparency, other jurisdictions have systems where minutes and e recordings of public proceedings are posted on websites, and can be obtained at little or no cost. Relevant e-mail and paper communications between members of government entities become public record. Guam should be doing the same.
In the end, keeping them honest by preserving accurate records of government activities will ensure that “Where America’s Day Begins” justice does not end.
GEORGE MACRIS, MD
Tumon, Guam
