So much so that on Monday night, the council approved convening “tribunals” to seek out, investigate and punish elected city councilors who violate the city’s confidentiality rules.
In a 6-2 vote, the council OK’d witch hunts aimed at their colleagues who might talk about sensitive subjects without permission. Public figures, elected by the residents of the city, could be hauled before secret tribunals where their actions would be adjudicated. If we didn’t know this was true, we’d swear it was a joke.
The six councilors who supported the rule say they only have the best interest of the city at heart. They point to leaked information jeopardizing land deals, development and labor negotiations.
Councilors accused of providing confidential information to the media or the public would face a hearing before a tribunal made up of other council members. Behind closed doors, someone – it’s not clear who – would make a case against the accused, who then would be allowed to present a defense. There’s no provision about whether the councilor could have legal representation, or whether city staff time would be used to build a case. There’s no mention of how, or if, witnesses would be compelled to testify. And there are no clear-cut evidentiary rules established.
The Portland City Council has created a mechanism for punishing members who buck the majority, who cause trouble or who don’t like the idea of government conducted unnecessarily in secret.
In addition to muzzling councilors, the idea of a secrecy tribunal will chill the ability of city workers to speak out against waste, corruption and missteps. Society values whistle-blowers because they provide information of wrongdoing that is often closeted behind iron walls of secrecy. We should not allow those walls to be made higher.
Other localities, including Auburn, have considered similar moves, while some cities already have such rules on the books. Public officials who support increased government secrecy should expect to be held accountable by voters. A democracy cannot tolerate secret “tribunals” and concealed government.
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