Sunshine enforcement

Proposed legislation in the Missouri Legislature would require all public officials in the state to receive Sunshine Law training within 90 days of taking office. At least three other states have either passed a similar law or are considering one.

The aim of the Sunshine Law -- the Missouri Open Meetings, Open Records Act -- is to give the public access to government deliberations and documents. While most public officials make an effort to adhere to the Sunshine Law, there are still some officials who prefer secrecy and look for ways to skirt the law.

There is every indication, however, that virtually all public officials are aware of the Sunshine Law and its requirements. Most public officials are members of statewide associations -- Missouri Municipal League, Missouri Association of Counties, Missouri School Boards Association, Missouri Association of School Administrators -- that offer Sunshine Law training and have the resources to provide adequate guidance to their members.

The Missouri attorney general's office also provides Sunshine Law workshops for public officials. Last year more than 1,500 public officials attended these workshops. Requiring every public official in the state to undergo such training would involve tens of thousands of individuals.

Last year, the attorney general's office received 239 Sunshine Law inquiries, which were handled by three lawyers in the AG's office. About half those inquiries were concerns about potential violations.

Even if the logistics of providing training to thousands of public officials in a timely way could be overcome, it seems more practical to put the emphasis on enforcement of the Sunshine Law. Anecdotal experience indicates most suspected violations aren't due to lack of training but, rather, are a result of a lack of potential enforcement. Public officials know that, in most cases, their cavalier regard for the Sunshine Law won't result in any penalties.

If the state has money to spend to shore up the underpinnings of the Sunshine Law, spend it on more staffing in the AG's office. Require county prosecutors to review all Sunshine Law questions or complaints before they are submitted to the attorney general. Demand that violations of the Sunshine Law be treated like violations of any other of Missouri's laws with swift prosecution.

Missourians are entitled to open government and open records. Enforcing the law would go a long way in making that happen.