Phoenix, Arizona – A nationwide review conducted by The Associated Press and CNHI News has uncovered a complex web of systems for resolving open government disputes across the United States. The findings, released during Sunshine Week, indicate that less than a third of states possess offices capable of compelling agencies to release documents or comply with open meetings requirements in response to residents’ complaints. In most states, the only recourse for individuals seeking to resolve complaints regarding the wrongful withholding of public records is to file expensive lawsuits.
Alabama, for instance, only offers the option of filing a lawsuit as a means of addressing alleged violations of state public records or open meetings laws. The Alabama attorney general does not play a significant role in the enforcement of open government laws.
Alaska, on the other hand, allows residents to file complaints with the Alaska State Ombudsman if a state agency is involved in an open government dispute. The ombudsman can investigate and make recommendations, but lacks the power to enforce compliance.
In Arizona, residents must typically resort to litigation to resolve open government disputes. While the Arizona Ombudsman-Citizens’ Aide can mediate and investigate complaints about public records and meeting access, it lacks the authority to compel agency compliance. For public records disputes, residents must pursue private litigation to find a resolution.
Arkansas lacks a state entity responsible for adjudicating complaints about open meetings or open records law violations. Residents can either request a local prosecutor to pursue charges or file a lawsuit in state court to address their grievances.
California offers limited avenues for resolving open government disputes. Although the state does not have an ombudsman or similar entity, the attorney general and local prosecutors can take legal action against alleged open meetings violations.
These are just a few examples of the wide range of mechanisms in place across the United States to address open government disputes. The findings of this review highlight the significant variations in the enforcement and resolution of open government laws at the state level.