Unveiling Transparency: The Journey of the Freedom of Information Act

Federal Chairman Franz Haugensteiner opened the conference with a clear focus on personnel policy in the municipalities:
“One of our main concerns over the last two years has been the issue of personnel. We are calling for goal-oriented selection procedures for senior municipal employees and apprenticeships for municipal skilled workers.”

The importance of structured and targeted selection for senior positions is enormous, explained Haugensteiner. He was critical of the negative statement from the ministry, which feared that it would create competition with the private sector. However, Haugensteiner made it clear:
“It cannot be the case that the economy selects its employees first and then it is the public sector’s turn.”

In addition to personnel policy, Haugensteiner also addressed the improvement of employment rights for municipal employees: “We also demand more attractive employment rights for our employees. This has recently been achieved in Lower Austria.”

Financial training as a key to efficient management

Another important aspect for municipalities, says Haugensteiner, is the financial competence of employees. The constantly growing financial administrative burden requires targeted training in order to maintain the efficiency of municipal administrations:
“Here we need training for employees who deal with finance.”

Official secrecy has been abolished – challenges remain

The topic of the day, however, was undoubtedly the Freedom of Information Act. Franz Haugensteiner pointed out that the law abolishing official secrecy was passed in order to make government action more transparent. However, he also expressed concerns about its practical implementation:
“It will also make it easier for troublemakers to make our work more difficult.”

The city director of Saalfelden, Rudi Oberschneider, presented the Freedom of Information Act from the perspective of the municipalities and highlighted the practical challenges associated with the abolition of official secrecy. The FLGÖ has been dealing with the law since 2021:
“The issue of abolishing official secrecy has been on our minds for years. The first draft was submitted for review in 2021. The municipal interest groups were skeptical because they feared that the law would not be implementable.”

The municipality is the guardian of a great deal of sensitive information that concerns citizens and the municipality itself. It is particularly critical when external interested parties can gain access to information such as reports on property values. This has led to intensive discussions.

Do municipalities need to provide more information?

Lawyer Robert Keisler: “It has just been reversed: You have a right to information, but only if there are no reasons for confidentiality that speak against it.”

As the keynote speaker at the conference, attorney Robert Keisler presented key highlights of the Freedom of Information Act. He highlighted the key questions:
“Do municipalities now have to provide more information? And who is responsible in the municipalities?”

Keisler explained that although the abolition of official secrecy was a good political move, the obligation to maintain secrecy still exists in many cases:
“It has just been reversed: you have a right to information, but only if there are no reasons for confidentiality that speak against it.”

Using examples, Keisler illustrated how the law is applied in practice. For example, it is permissible to provide information about the number of employees in a municipal office or the mayor’s salary, provided there are no reasons for confidentiality. However, it is important that only “officially known” information should be passed on:
“Information is what I officially know. Information is a record.”

Responsibilities within the municipality

Another key point was the question of responsibilities within the municipality. Keisler made it clear that responsibility for the Freedom of Information Act lies with the body that created or commissioned the information in question. However, there is still a lot of uncertainty here:
“But what exactly is an organ? The question arises whether, for example, the fire chief is an organ of the municipality. I think that we need to restrict this.”

The question also arose as to the extent to which advisory bodies, such as a youth council, are obliged to provide information. Keisler explained that not every body that was involved in the creation of information was obliged to provide information.

Conclusion: Transparency yes, but with a sense of proportion

The conference made it clear that the Freedom of Information Act brings both opportunities and challenges for municipalities. Transparency is required, but implementation requires a sensitive approach and clear responsibilities. It remains a key task for municipalities to meet these new requirements without unnecessarily increasing administrative burdens.

The subsequent panel discussion also dealt with the Freedom of Information Act.

At the beginning of the discussion, FLGÖ chairman Haugensteiner asked lawyer Keisler a practical question: What happens if a HTL graduate who wants to apply for a job as a building yard manager wants to know how much the current building yard manager earns in order to adjust his salary expectations accordingly? Keisler explained: “The head of the office does not have to make any calculations, he only has to rely on existing information.”

Salary data such as that of the mayor is set by law and publicly accessible. There are also standardized schemes for the building yard manager, but special contracts can become more complicated.

Association of Municipalities President Johannes Pressl stressed the importance of clear guidelines:
“The law must be implemented, but we need clarity on how this should be done in practice. It is a question of attitude whether one says, for example, what the building yard manager earns. Wherever we use taxpayers’ money, we have to provide information. This should be done proactively.”

Obligation to provide information and data protection in conflict

Moderator Schleritzko raised the question of whether the law would put mayors in difficult situations when it comes to protecting citizens’ personal rights. Pressl admitted: “There will be discrepancies between the duty to provide information and the GDPR. These cases will often have to be decided by the courts.”

Attorney Keisler confirmed this assessment and emphasized that there are no simple rules of thumb:
“It is difficult to weigh up whether the fundamental right to information outweighs the fundamental right to data protection. President Pressl is right: That will be a matter for the courts.”

Administration in transition: more inquiries and new workload?

City director Rudi Oberschneider spoke from experience and predicted an initial increase in inquiries from citizens who want to use the new law: “Initially, municipalities will be burdened with inquiries from certain citizens. But it is to be hoped that over time there will be a certain calming down on the issue.”

Oberschneider stressed that in cases of doubt it is often better to refuse to provide information in order to avoid conflict with the data protection authority. He reported on a case in which an entrepreneur complained because his business plan was published in a municipal council meeting: “Citizens want as much transparency as possible, but not for themselves.”

Small communities relaxed: “The salaries are honestly earned”

Peter Pohl, FLGÖ chairman in Burgenland, was optimistic and reported on the experiences of smaller communities: “The salaries of the mayors and employees are honestly earned. Therefore, I have no problem if they become known.”

He hoped that the Freedom of Information Act would develop in a similar way to the GDPR, which ultimately proved to be a “paper tiger”: “In the small municipalities, I do not believe that we will be overwhelmed with requests.”

Abuse of the law for political purposes?

Moderator Christian Schleritzko finally asked whether the Freedom of Information Act could be misused for political purposes. Johannes Pressl took a relaxed view of this: “If everything can be viewed on the Internet, then the wind will be taken out of the sails of troublemakers. We don’t need to be afraid. The law can also lead to people gaining a greater understanding of the work of the municipalities.”

Oberschneider was skeptical as to whether the law would actually help to calm troublemakers: “Citizens who keep the communities particularly busy usually have another conflict. I am skeptical as to whether these people can be calmed down by saying that everything is on the Internet anyway.”

IT solutions and training as a response to administrative burden

In order to cope with the increased administrative burden caused by the new law, Oberschneider placed his hopes on technical solutions: “My hope is that IT service providers will be required to find solutions that can process the majority of requests automatically.”

However, Peter Pohl stressed that IT solutions are expensive and called for central contact points to be set up by the federal states to help municipalities assess requests: “IT solutions cost money. I would like to see central contact points set up by the respective federal states.”

At the end of the discussion, Franz Haugensteiner highlighted the need for training for community employees:
“There will need to be training to enforce the law.”

Transparency yes, but with clear rules

The panel discussion made it clear that while the Freedom of Information Act represents a step towards greater transparency, it also presents many practical challenges. Participants agreed that clear guidelines and training are necessary to implement the law efficiently and in a legally compliant manner. Automated IT solutions could play a key role in managing the administrative burden and making the information citizens want accessible.

How does government transparency impact ‍the efficiency of municipalities?

Government Transparency and Efficiency: The Key to Successful Municipalities

The recent conference of the Federal Chairman Franz Haugensteiner sheds light on the critical issues facing municipalities in terms of personnel policy,⁢ financial management, and government transparency. As the guardian of public trust, ‍municipalities must prioritize goal-oriented selection procedures for senior employees, apprenticeships for skilled workers, and attractive ⁤employment rights for employees. ​Furthermore,⁢ financial competence and training are essential for maintaining efficient municipal​ administrations. However, the abolition of official secrecy and the implementation ‍of the Freedom of Information Act pose new challenges for municipalities, requiring ‌careful consideration of information transparency and confidentiality.

Personnel Policy: A Top Priority for ⁤Municipalities

Federal Chairman‌ Franz Haugensteiner emphasized the significance of structured and targeted selection procedures for senior⁣ municipal employees. This policy is crucial ⁣for ensuring⁢ that the public sector attracts and retains​ top talent,⁤ rather than relying⁢ on the private sector to ⁢select employees first. Haugensteiner criticized the ministry’s negative stance on this‍ issue, highlighting the need for the public ⁣sector ‌to prioritize its own ⁣recruitment ‍and selection processes.

Financial Competence: The Key to Efficient Management

The financial⁢ administrative burden on municipalities is constantly growing, making‌ targeted training in financial competence essential for maintaining efficiency. Haugensteiner advocated for training ⁤programs that equip employees with the ⁣necessary financial skills ⁣to manage municipal resources effectively. This investment ‌in personnel development ‌will yield long-term benefits for municipalities, enabling them to ⁢optimize their financial management and deliver high-quality services⁢ to citizens.

The Freedom of Information Act: Balancing Transparency and Confidentiality

The Freedom of Information​ Act, which abolishes official secrecy, is a significant step towards increasing government⁢ transparency. However, its practical implementation poses new challenges for municipalities. Haugensteiner expressed concerns ⁤about the potential difficulties that municipalities may face in balancing transparency with confidentiality. ⁤The law requires municipalities to provide information to citizens,‌ while also ensuring that sensitive information, such​ as property values, remains confidential.

Practical Challenges and Uncertainties

Rudi⁢ Oberschneider, City Director of Saalfelden, presented the perspective of municipalities on the Freedom of Information Act. He ⁤highlighted ⁢the practical challenges associated with ⁢implementing the ⁣law, including⁣ the need for clear guidelines on what information can be disclosed‍ and what ‌remains confidential. The uncertainly surrounding the definition of an⁤ “organ” and the extent to which advisory bodies are ⁣obliged to provide information ⁤further complicates the situation.

Key Takeaways from the Freedom​ of Information⁣ Act

Attorney Robert Keisler, keynote ‍speaker at the conference, provided valuable insights into the Freedom of Information Act. He emphasized that the law reverses the burden of ⁣proof, requiring municipalities to provide information unless there are valid reasons for confidentiality. Keisler also clarified that only “officially known” information should be disclosed,​ and⁤ that the definition of ⁤an “organ” requires ⁢further clarification.

Responsibilities within the Municipality

The question of responsibilities within the⁤ municipality​ remains a pressing concern. Keisler made it clear that the body that created​ or ⁤commissioned the information is ​responsible⁤ for ⁤its disclosure. However, the extent to which advisory bodies, such as⁤ youth councils, are obliged to provide information is still uncertain. This ambiguity underscores ‍the‌ need for ⁢further guidance and clarification on the implementation of the ‌Freedom of Information Act.

Conclusion

the conference⁢ highlighted‌ the ⁤importance of prioritizing personnel policy, financial competence, and government ‌transparency in‍ municipalities. The Freedom of Information Act presents both opportunities and challenges for municipalities, requiring⁤ careful consideration of what‌ information can be disclosed and what remains confidential.‍ By addressing these challenges and uncertainties, municipalities can ensure that they are transparent, efficient, ​and accountable to‍ their citizens.

Keywords: ‌municipal policy, personnel policy, financial management, government transparency,‍ Freedom of Information Act, official secrecy, public sector, private sector, employment rights, financial competence, municipal administrations.