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Time
to Blot out the Sun(shine Laws)
Opinion from the Summer 2002 edition of the
Zeitgeist Client Newsletter
As this spring turns to summer, a bill is moving through the Illinois
Legislature to force DMOs to adhere to the Open Meetings Act. Neighboring
Missouri has suffered under a similar requirement (called the "Sunshine
Law") for years. If your State doesn't require similar actions,
be vigilant...for it will probably try.
Ostensibly designed to prohibit organizations from playing fast and
loose with tax dollars, such draconian restrictions on CVBs actually
limit the opportunities for these organizations to lead their destinations
to the economic development promised land.
Because when Board and Committee meetings are open to the public, visionary
conversation by the participants charged to lead the destination is
often suppressed. "A-ha," cry the watchdogs and the legislators
looking for a controversy to redirect scrutiny away from them. "If
you're reticent to talk openly, you must be up to no good!"
Get real. This is a competitive industry. And when it comes to discussing
a bold new marketing initiative or a unique development that nobody
else has tried, it's just not very smart to talk about it in front of
the media.
Because the media will report on this competitively sensitive conversation.
And, with on-line news available 24/7, the competition will know about
this new destination strategy within days, if not hours.
The media doesn't care that it could hurt the community's competitive
position. They just need to fill space and time to justify the ads.
And, the media doesn't care enough to get the story right, so an exploratory
Board conversation regarding an opportunity to enhance destination signage
can turn into a headline that screams "CVB Says City Signs Suck."
And we all know how well that will play at budget time.
And let's not forget that "Sunshine Laws" often include "Open
Records Requirements." Thus, one Bureau, looking to jump start
its sports or convention marketing operation, could invoke "Open
Records" laws to demand active and potentially lucrative contact
lists from their competitors.
Does this sound fair? Does any of this help the CVB help its community...
which, in turn, helps the State? Of course not.
The noble concept behind these laws is to make organizations that utilize
tax revenues more accountable and less likely to cut funny deals. But
many of these laws already exempt discussions regarding personnel and
real estate acquisitions from public view. That's because such discussions
are often competitively sensitive.
Sunshine and Open Records laws shouldn't be abolished. But, DMOs should
aggressively petition their State Legislatures to add language exempting
discussions on competitively sensitive issues and eliminating customer
contact data from public view. We owe it to our communities to not allow
a few scandal hungry parasites in the media stand in the way of positive
sales, marketing and development that can enhance the region's Quality
of Life.
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