March 10-16 is Sunshine Week for more reasons than setting the clock forward. Established in 2005, the week commemorates the importance of transparent government as the result of legislation like Missouri’s Sunshine Law.
Passed in 1973, the Sunshine Law guarantees citizens’ access to records, information, and votes of their government. There are some restrictions such as information prohibited from being released by law or operational guidelines of law enforcement.
The Sunshine Law functions as a state-level version of the federal Freedom of Information Act. Sunshine requests are often used by journalists to keep local governments accountable.
Missouri Press Association Editor Matthew Barba and Missouri Press attorney Jean Maneke both emphasized the Sunshine Law’s importance to the average citizen.
“I’ve met a lot of people who think of freedom of information laws, such as Missouri’s Sunshine Law, as being exclusively for journalists, but the role of these laws is to ensure all citizens have access to government records and meetings,” Barba clarified.
Encroachingly restrictive legislation and the desire for secrecy may threaten the Sunshine Law, however. According to Maneke, violence against public officials is causing them to seek exemptions for their addresses and phone numbers from Sunshine Requests.
While these fears could be founded, she asserted Missouri’s Sunshine Law, “certainly seems to have been weakened substantially in recent years. The desire for privacy is a major threat to open government.”
Barba also expressed concern that legislation modifying the law has only weakened it. While he did not believe the Sunshine Law would ever disappear, he worried the growing list of boundaries could destroy its effectiveness as a government oversight tool.
“There’s also the matter of costs associated with fulfilling requests,” Barba stated. “A charge of any amount can be enough to discourage the average citizen from pursuing a records request.”
Maneke observed the application and enforcement of the Sunshine Law can change substantially between state attorney generals.
“Some Missouri AGs make open records enforcement an important part of their service to the state. Others are not interested in that, thinking their focus should be crime,” she said.
Despite its diminished status, both Maneke and Barba highlighted the weight Missouri’s Sunshine Law lends to voters’ ability to make informed decisions. For the individual citizen and the watchdog journalist, Sunshine Week raises awareness of this key component of accountable government.