Understanding state sunshine laws

Residents of both Missouri and Illinois who are having trouble getting public information from a government agency can look to their state's attorney general's office for help.

Both offices handle hundreds of complaints each year, with the largest number coming from individual residents, not from the media or other officials. In Illinois, Attorney General Lisa Madigan set up a clearinghouse office, the Public Access Counselor, to handle complaints. In Missouri, Attorney General Jay Nixon's office expects all assistants to be ready to handle complaints.

Spokesmen for both offices said they emphasize mediation and compliance over legal action. Both offices also conduct extensive training for public officials to make them aware of their responsibilities under the law.

Missouri combines its requirements for access to public meetings and records in a single chapter of state law known as the Open Meetings and Records Act. In Illinois, public records are accessible under guidelines in the state Freedom of Information Act, while public meetings are governed by the Open Meetings Act.

Missouri law establishes only civil penalties for violations, while officials in Illinois who violate the Open Meetings Act could be subject to criminal penalties.

Since the office was established two years ago, the Public Access Counselor in Illinois has handled more than 2,000 complaints, said Terry Mutchler, a spokesman for Madigan. That individual residents are the biggest users of the office's resources was both surprising and gratifying, he said. "It is a good sign that they are making use of this resource to become better informed citizens."

Nixon's office handled 484 complaints about Sunshine Law violations in 2006, spokesman John Fougere said.

Both offices will act on legitimate complaints by contacting the officials blocking access and prodding them to comply with the law. In Missouri, Nixon's office will consider taking the issue to court if the violation is blatant or of considerable public interest, Fougere said. In late 2006, Nixon won an acknowledgment from members of the Missouri Higher Education Loan Authority board that they had committed multiple violations of the Open Meetings and Records Act, and each member paid a $1,000 penalty, the largest allowed by state law.

"Our focus is to solve problems and enforce the law," Fougere said. "We view our role as educate, mediate and, if necessary, litigate."

But in Illinois, if the Public Access Counselor fails to get results, it is up to the individual to file suit, said Scott Sievers, an assistant attorney general.

Both offices provide extensive online resources, including the text of the law, plain language explanations and forms that can guide requests for information.

In Missouri, the attorney general's site is www.ago.mo.gov. In Illinois, the site is www.illinoisattorneygeneral.gov.

-- Rudi Keller