Sunshine Week, an annual celebration of transparency laws, highlights the importance of open government and accountability. However, the reality is often far from ideal, as government agencies frequently undermine transparency laws and obstruct access to public records.
In Florida, two officers from the Department of Law Enforcement alleged that Governor Ron DeSantis’ office blocked the release of publicly-funded travel records and retaliated against them for asserting that the records were public under the state’s Sunshine Law.
This incident reflects a broader trend of erosion of Florida’s public records law by politicians, including DeSantis and the state legislature.
U.S. healthcare (Credits: Crowdbotics)
In another case in Florida, a fire chief called the police on a local reporter who was trying to inspect public records related to a firefighter’s termination, despite the law clearly stating that all state, county, and municipal records are open for personal inspection and copying by any person.
Similarly, in Virginia, a former Richmond government employee filed a whistleblower retaliation lawsuit alleging that city officials instructed her to delay and stonewall Freedom of Information Act (FOIA) requests. This lawsuit followed reports that Richmond was frequently not meeting FOIA deadlines and ignoring requests.
The lack of enforcement and accountability mechanisms for public records laws is a significant issue. An Associated Press survey found that fewer than a third of states have offices to handle FOIA appeals and ensure agency compliance with the law.
U.S. healthcare (Credits: SILive.com)
Without these oversight mechanisms, agencies can delay and deny requests with little consequence, often only facing small fines paid with taxpayer dollars if they lose a lawsuit.
To improve government transparency and accountability, there is a need for independent offices to resolve public records disputes outside of costly lawsuits.
These offices would provide a more accessible and efficient means for individuals to address violations of transparency laws. Without such measures, the promises of open government remain hollow, and the public’s right to know is undermined.
