How to Request Documents Under the Sunshine Law

The "Government in the Sunshine" Act was passed in 1976 with the purpose of ensuring openness in government on all levels. Essentially, it ensures that any deliberative agencies open meetings to the public, give reasonable notice of the meeting, and take minutes of meetings. Anyone can request documents under the Sunshine Law, and violation of the law by agencies can result in civil and criminal penalties.

Instructions

Difficulty: Easy

1. Try first to contact the records custodian of the agency and ask for the documents you seek if its a local agency. The agency has the right to charge you a reasonable fee for copying and research time, but you have the right to know an estimate of that cost. However, you may also request that they make the documents available for you to view, thereby eliminating the need for copies.
2. Follow up with a formal written request if your first attempt is ignored. You can usually locate a form online by going to either your state's attorney general's website or visiting the Federal Register (see Resources) for federal documents.
3. Be as specific as you can when describing what documents you want, giving dates or a range of dates. Besides minutes, you have a right to see most documents that belong to a governmental body with a handful of exceptions, such as national security. After all, government officials are servants of the people.
4. Send the formal, written request via certified mail and request a signature receipt. Once this request has been received, the agency has a time limit to comply. Even if you are requesting the minutes to a meeting that just occurred, they must provide you with an unapproved draft of the minutes.
5. Contact the press, state attorney general or the justice department if you cannot get compliance.

Tips & Warnings

• Deliberation in private among a majority of board members is prohibited under Sunshine, whether by telephone, email or in person. Some exceptions exist when a deliberating body can vote to close a meeting to the public, such as personnel issues or legal issues. However, you still have the right to know the outcome of the meeting if any votes or decisions were made.
• Email communications among a majority of board members are open to the public and subject to the Sunshine Law.