An investigation by the Associated Press and CNHI reveals that only one-third of states offer open access to government agency documents or keep meetings open for public observation. This report reveals an apparent burden on private citizens concerning transparency requests. The only way to resolve disputes related to transparency is by engaging in potentially costly lawsuits against respective state governments.
States such as Arizona have established a system where an Ombudsman’s Aide takes in complaints. However, a shortcoming of such a setup is the lack of real authority to enforce agency compliance. Meanwhile, in states like Connecticut and Hawaii, dedicated information offices have the legal power to mandate the release of records. Yet, disappointingly, these complaints may still end up in prolonged legal litigation.
In essence, the enforcement of agency transparency varies greatly – from involving the state’s attorney general to having a solitary office handling citizen complaints.
Transparency within governmental agencies was initiated in the 1970s with the Sunshine Act. This legislation, often associated with the saying ‘sunlight is the best disinfectant,’ aimed at preventing fraud and corruption in governmental agencies and institutions. It promotes open meetings and making records public. This policy further arises from the Freedom of Information Act that embodies a ‘presumption of openness’, except for certain exceptions such as matters of national security.
Highlighting the need for more states to simplify access to documents and open meetings, the report drops at the beginning of Sunshine Week. This is a celebration initiated in 2005 recognizing the democratic right of citizens to access public information, thereby promoting a more open government.