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Unalienable Rights Foundation - Draft of the Unalienable Rights Foundation's Proposed Public Access Law
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 Draft of the Unalienable Rights Foundation's Proposed Public Access Law

NEWS-UNALIENABLE-RIGHTS

Draft of the Unalienable Rights Foundation's Proposed Public Access Law [Sunshine Law]




Citizens have a virtually unlimited access to government and [1] all meetings of government boards, commissions, entities, or agencies (by what ever name they may be called) and [2] the records of government (by what ever name they may be called) and [3] the right of access to governmental proceedings (by what ever name they may be called) at both the state and local levels where any gathering of two or more employees and/or members of any government board, commission, entity, or agency discuss some matter which can and/or will foreseeably come before a government board, commission, entity, or agency for action.



Every person who has custody of a government board’s, commission’s, entity’s, or agency’s public record, as defined herein, shall permit the record to be inspected and examined by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public record or his designee.

"Public records" include all documents, papers, letter, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any government employee, board, commission, entity, or agency. If the purpose of a document prepared in connection with the official business of a government employee, board, commission, entity, or agency is to perpetuate, communicate, or formalize knowledge, then it is a public record regardless of whether it is in final form or the ultimate product of an authority.

Accordingly, any government employee, board, commission, entity, or agency document or document prepared by a employee, member or members and/or employees of a government board, commission, entity, or agency, however prepared, if seen by another for review, comment or information, is a public record regardless of whether it is an official expression of policy or marked "preliminary" or "working draft" or similar label. Included but not limited to these records subject to public access are such as, but not limited to, telephone message slips, interoffice memoranda, preliminary drafts of review report or proposals which have been submitted for review to anyone within or outside the government board, commission, entity, or agency, handwritten notes on a printed report and working drafts of reports which have been furnished to anyone for review.

Government board, commission, entity, agency members and/or employees are required to maintain a separate file of any documents as defined above, created by them individually or by the entity as a whole or received in connection with any evaluation and/or consideration. This file will then be transmitted to the chief executive officer of the government entity upon completion of the review process and be indexed and entered into public archives under standards established or to be established for the storage of public records by the state’s librarian. Materials in the file which are property of a panel member, such as a book, will be copied and the original returned to the panel member. All meetings of government boards, commissions, entities, or agencies must be open to the public; reasonable notice of such meetings must be given; and minutes of the meetings must be taken. Public right of access shall include personal or telephone conversations, written communications, and use of computers for communications. Government board, commission, entity, or agency members and/or employees may not utilize "go-betweens" to learn of the views of another entity member.

Any individual who serves a government entity as a employee or member of a government board, commission, entity, or agency member who fails to comply with the provisions of the Public Access Law [Sunshine Law] shall fined a civil penalties up to $50,000.00 against each participating public officer. It shall be a class 3 felony against any public entity member, as herein described, or other public officer, as herein described, participating on a public committee who knowingly attends such a meeting in violation of the statute. No resolution, rule, or formal action shall be considered binding except as taken or made at a duly noticed meeting.




 
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