Let the sun shine on all actions by government

While the opinion from Mahoning County Prosecutor Paul Gains is aimed specifically at the Boardman Township trustees, it could apply to all local elected officials, including county commissioners. For that reason, we urge Gains to ask Ohio Attorney General Jim Petro to review his reading of the law.
The idea that an individual township trustee is prohibited from attending public contract negotiations -- even as an observer -- is anathema to democratic government. The people's business must be conducted in the sunlight, but Gains' opinion, prompted by a letter to him from Boardman Township Administrator Curt Seditz pertaining to the behavior of Trustee Kathy Miller, suggests otherwise.
"It is the official opinion of this office that a member of the board of township trustees may not directly participate in the negotiations process by attending negotiation sessions and retain the right to reject the proposed tentative agreement," he wrote. The prosecutor is equating attendance to participation, which means an elected officeholder cannot even show up as an observer.
And he contends that by participating in negotiations, the officeholder gives up the right to vote on the contract.
As we argued in an editorial in December, when at least 70 percent of government's operating budget goes for public employees' wages and benefits, taxpayers have every right to know how well the keepers of the purse are protecting their money.
Last we checked, township trustees were taxpayers.
Youngstown's example
Indeed, we were successful several years ago in persuading Youngstown city government and the unions representing police and firefighters to permit Vindicator reporters -- and, by extension, the public -- to attend contract talks. The mayor and members of city council were free to show up -- and no one warned them that their appearances would result in a suspension of their authority to approve or reject a contract.
Likewise, county commissioners have the ultimate authority over labor contracts. Is the prosecutor saying that Commissioner Anthony Traficanti, who is serving as acting county administrator, or his colleagues, David Ludt and John McNally IV, would be giving up that power if they attended negotiating sessions?
Boardman Township Trustee Miller was not seeking to become a part of the negotiating team, nor interfere with Administrator Seditz's role as government's negotiator. She just wanted to attend as an observer. As an elected representative of the people, she wants to make sure Seditz, who is hired by the township trustees, is protecting the interests of government and the taxpayers.
But, in light of Gains' opinion, neither Miller nor her colleagues, Elaine Mancini and Tom Costello, can monitor the activities of the man who answers to them when it comes to negotiating wages, benefits and other job-related issues.
Given the ramifications of the prosecutor's opinion, a review by the Attorney General Petro is warranted.
And if Petro confirms Gains' reading of the law, we would urge local state legislators to seek an amendment to the state statute so all government contract negotiations are open to the public, including elected officials.