By David Gordon, associate editor
“Sunshine Week” has arrived, with its annual reminder of the need for transparency in regard to government activities and information.
It has been observed in March since 2005, sponsored by the American Society of News Editors (ASNE) and the Reporters Committee for Freedom of the Press (RCFP). Other journalism organizations, such as the Society of Professional Journalists (SPJ), have joined in this effort.
This year, “Sunshine Week” runs from March 10-16, which includes on March 16 the birthday of James Madison, father of the U. S. constitution and a key advocate of the Bill of Rights. The week celebrates public access to government information and its importance as a tool to hold government accountable for its actions — or inactions.
A list of more than 110 organizations that are taking some part in this year’s activities is available here. While there are no “Sunshine Week” activities scheduled for the Chippewa Valley, it provides an occasion to reflect on the fact that state and federal freedom of information laws can be used not only by the news media but by any citizen as well.
Wisconsin’s open records law dates back only to 1982, but it declares the state’s policy to be that “all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them.” (Section 19.31) That section of the statutes adds that “denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.”
There are some exceptions to this broad presumption that government records are open to the public, but fewer than are found in the federal Freedom of Information Act.
A downloadable guide to the Wisconsin open records law is available here. In his introduction to it, former Atty. Gen. Brad Schimel wrote: “It is imperative that we recognize that transparency is the cornerstone of democracy and that citizens cannot hold their elected officials accountable in a representative government unless government is performed in the open.”
The state’s open meetings law has more exceptions than does the open records law, but it still establishes the “presumption that meetings of governmental bodies must be held in open session.” (Section 19.81(1)) “Mere government inconvenience” is not grounds for closing a meeting. (Section 19.81(2))
A downloadable compliance guide for the state open meetings law may be found here. There is no comparable statute on the federal level.