Editor’s Note: The Post-Journal is publishing a series of articles during Sunshine Week, a national initiative held this week to promote open government and freedom of information.

When it comes to the most common complaints received by the state’s Committee on Open Government on an annual basis, usage of the term “personnel” in relation to public hearings sits atop the list.

As private and public clamor for greater governmental transparency grows louder and more evident, Robert Freeman, executive director, said the committee has noted several areas in which attention and concern have been directed. Of the top five most common complaints regarding local government, he said, ubiquitous and ambiguous usage of the term “personnel” relates to the first two.

“First, the term ‘personnel’ appears nowhere among the grounds for entry into executive session, and yet we hear it used frequently as a basis for closing the doors,” Freeman said. “Some personnel issues may be discussed behind closed doors, but many cannot. Further, a motion to enter into executive session must include sufficient information for the public to know that there is a proper basis for closing the doors; for example, ‘I move to enter into executive session to discuss a matter leading to the employment of a particular person.’

“Second, the term ‘personnel’ appears nowhere in the Freedom of Information Law,” he continued. “Some personnel items are public while others may be withheld. In general, the courts have determined that public employees have less privacy than others, and that those items relevant to the duties of public employees are generally available, such as salary, gross wages, attendance records and determinations indicating misconduct.”

A third complaint, Freeman said, is the common misconception that a person’s comments must be contained in the minutes of a public hearing if he or she asks that they be included. “This is not so,” he said. “The Open Meetings Law contains minimum requirements concerning the contents of minutes (in terms of) motions, proposals, resolutions, action taken and the vote of the members. (Meeting minutes) may include additional information, but there is no requirement that they must.”

Rounding out the top five complaints, according to Freeman, are delays in responses to FOIL (Freedom of Information Law) requests and the requirement that a request be made in writing – which is permissible – even if a record is clearly public.

Freeman said the Committee on Open Government receives several complaints throughout the year, which vary in nature from year to year and from place to place. As Sunshine Week is observed throughout the nation this week, he said the above complaints are what a majority of individuals are generally concerned with.

Established in March 2005, with funding from the John S. and James L. Knight Foundation, Sunshine Week is a national initiative spearheaded by the American Society of News Editors to educate the public about the importance of open government and the dangers of excessive and unnecessary secrecy.

Sunshine Week in 2015 is being observed from Sunday through Saturday this week.