SUNSHINE LAW ABUSES FOUND IN STATE AGENCIES

A recent audit by State Auditor Claire McCaskill shows that state agencies, boards and commissions aren't much better than local governments in complying with Missouri's Sunshine Law.

The finding from McCaskill's audit that nearly 45 percent of state agencies did not respond to requests for information within the required three days wasn't quite as bad as results of her 1999 audit of 214 local governmental bodies that included rural water and library districts, city councils and village boards.

In that audit, 47.6 percent of those surveyed didn't even know about the law or denied requests for information for improper reasons.

In both the 1999 and the more recent audit, McCaskill's office sent letters to governmental bodies requesting copies of the minutes of public meetings, which citizens are entitled to see. The letters were disguised to appear that they were sent by citizens.

Almost all of the state agencies surveyed at least knew about their duties under the Sunshine Law, but a disturbing number of them, 87 of the 195 agencies surveyed, didn't respond in timely fashion.

More disturbing than the lack of timely responses were responses of some state agencies that they could not comply because the information could not be located, because the request was not given to the proper individual, or because the agency had to know why the information was needed. Some of the agencies said they didn't receive the request, but McCaskill said the letters required signatures proving that they arrived.

The dismal results of both audits come as no surprise to the news media, which often are forced to cite the Sunshine Law when seeking records from governmental bodies when they refuse for whatever reasons to provide the information.

Neither is it surprising to media representatives to hear the state agencies' excuses for not complying, because most have heard them before.

The Sunshine Law was adopted in part to keep public bodies from hiding information to which the public is entitled, but it appears far too many are still trying to skirt the law.

Although it is unlikely the audits will force any changes, at least the state auditor has helped draw attention to the fact that non-compliance remains widespread at all levels of government in Missouri.