We support efforts to strengthen Missouri's Sunshine Law, which outlines what meetings and records are open to the public.
Such a law is essential. We fund our government and afford them certain powers on our behalf. Without a law clarifying most government records and most meetings of public bodies are open, we would be left in the dark. We would know far less about what our government leaders are doing, why they are doing it, and what our tax dollars are being spent on.
In the case of Missouri's Sunshine Law, it needs updates to put teeth into the law.
Last week, Missouri Attorney General Josh Hawley announced three proposals meant to do just that:
Create a Transparency Division in the AG's office. It would give his agency more authority to enforce the Sunshine Law and "will have automatic waivers (from the Legislature) of any potential ethical conflict from other executive agencies." To avoid conflicts of interest, the division would have attorneys who would be separate from the rest of the AG's office and never would defend an executive agency in any legal battle.
Ask the Legislature for authorization to issue investigative subpoenas in the course of public-record law investigations.
"Currently, there is no subpoena enforcement authority under the Sunshine Law. Enforcers can ask, ask vigorously, but there is no way to compel any subject of a review to actually cooperate with this office," Hawley said.
"This office has subpoena power in other contexts. It is a standard law enforcement tool. I think we need it to enforce the Sunshine Law," he added.
Ask lawmakers to create remedies and give his office enforcement power for violations of the Sunshine Law and laws involving public and business records.
The records retention law currently has no enforcement provisions and no penalties.
Hawley is working on the legislation along with the Missouri Press Association, which represents the interests of newspapers across the state.
"We're here because of citizens around the state who have questions they want to know about their local governments," said Jean Maneke, legal counsel for MPA.
Journalists rely on the law daily to inform the public about government operations.
But like Maneke suggests, the Sunshine Law isn't just for reporters.
It's for everyone.