An AP and CNHI News report published Sunday found that less than a third of US states have agencies to resolve citizen disputes regarding access to public records or open meetings. The only recourse for resolving transparency-related disputes in these states is for citizens to engage in expensive litigation.

While some states like Arizona do provide an ombudsman’s aide who receives complaints, the aide lacks the authority to enforce agency compliance.  In states like Connecticut and Hawaii, information offices do have the authority to compel records to be released, but complaints may still ultimately end up in litigation.  Generally, the enforcement of transparency for agencies runs the gamut between the state’s attorney general getting involved to states having a one-person office to handle citizen complaints.

The Government in the Sunshine Act, passed by the US federal government in the 1970s, established rules for publicly accessible government meetings. This policy stems from the Freedom of Information Act, which embodies a “presumption of openness”, unless the document or meeting falls under an exception, like national security. The purpose of such transparency for open meetings and making records public is to prevent fraud and corruption in governmental agencies and institutions.

The report shines a light on the need for more states to allow their citizens to documents and open meetings without jumping through bureaucratic hurdles. This report comes at the start of Sunshine Week, which started in 2005 to celebrate the right of citizens in a democracy to have access to public information to foster a more open government.