3. Other

None.

Local ordinances governing access to public meetings and public records (commonly referred to as sunshine ordinances) often provide for administrative review of agency decisions, though determinations are generally recommendatory and unenforceable. Aggrieved individuals should ascertain whether their municipality has a sunshine ordinance and, if so, what procedures are provided for review of agency denials. Some state agencies may also have similar procedures for review of agency denials.

The D.C. Act contemplates appeals of adverse decisions by individual petitioners, not commission or agency enforcement. D.C. Code Ann. § 2-537(a).

In 2007, the Governor created the Office of Open Government, intended to ensure compliance with the state’s open government and public records laws.  Fla. Exec. Order No. 07-01 (2007).  The Order directed each agency to designate a person to act as the agency’s “public records/open government contact person,” who would be responsible for complying with open government and public records requests.  See id.

The Act does not assign enforcement or permit appeals to a specific agency or commission. Actions to enforce the provisions of the Act may be brought in superior court by "any person, firm, corporation, or other entity," or by the Attorney General. O.C.G.A. § 50-18-73(a).

The UIPA requires the OIP to disseminate information on access. Haw. Rev. Stat. § 92F-42(11) (Supp. 1999). To facilitate dissemination of information on government records to the public, the OIP maintains a computerized database of the records reports received from state agencies. Id. § 92F-18(b) (requiring agencies to submit to OIP annual reports on records they maintain and on requests for access received). This allows public users of the state's computerized information network to access statistical information, including "the percentage of each agency's records that are public or confidential, the number of written record inquiries received by the agency, and the number granted or denied in the previous fiscal year." OIP, RRS to be Available on HAWAII FYI, OIP Openline (newsletter), July 1992, at 1.

See “Attorney General” above.

The Iowa Public Information Board was created in 2013 pursuant to Iowa Code Chapter 23.  The Board investigates complaints alleging violation of Iowa Code Chapters 21 and 22 and seek resolution to those.  The board is authorized by statute to issue advice, or declaratory orders with the force of law, regarding the applicability of the open records and open meetings laws.

Effective July 1, 2015, the Kansas Legislature enacted HB 2256 which made sweeping changes to enforcement provisions of the KORA and Kansas Open Meetings Act. The bill allows the Attorney General, by a preponderance of the evidence after investigation, to find a violation and enter into a consent order with the public agency or issue a finding of violation to the agency prior to filing an action in district court. A consent order, which must be signed by the head of the public agency and any officer found to have violated the statute, may contain admissions of fact, require completion of training approved by the Attorney General, impose a civil penalty of up to $250 for each violation and set forth the agency’s agreement to comply with the requirements of KORA or KOMA. K.S.A. 45-251(a)(1)(A)(ii).  A finding of violation may contain orders to cease and desist from further violation, comply with KORA or KOMA, complete training approved by the Attorney General and pay a civil penalty of up to $500 for each violation.  K.S.A. 45-251(c)(4)(B).

The Attorney General can then apply to the district court for enforcement in the county where the consent order or finding of violation is issued or is effective.  K.S.A. 45-251(c)(2).  If the court finds the Attorney General did not abuse their discretion in entering into the order or issuing the finding, the court shall enter an order which enjoins the agency to comply, imposes a civil penalty not less than the amount ordered and not more than $500 for each violation, requires the public agency to pay the Attorney General’s court costs and investigative costs and provides any other remedy the court deems appropriate.  K.S.A. 45-251(c)(4).  The court may require the public agency to pay the Attorney General’s attorney fees and is required to do so if the violation was not made in good faith and was without reasonable basis in fact or law.  K.S.A. 45-251(c)(5)(A).

The bill also creates, in the State Treasury, the Attorney General’s Open Government Fund to be used to carry out provisions of the KORA and Kansas Open Meetings Act. HB 2256 New Sec. 7(a).

Each agency is required to adopt rules regarding its compliance with the Kentucky Open Records Act and to designate an official custodian of records. Ky. Rev. Stat. 61.876.

Division of Public Records provides an “attorney of the day” to assist requesters with public records law.  They can be reached at (617) 727-2832 or pre@sec.state.ma.us.

There is no commission or agency enforcement of the FOIA.

The Mississippi Ethics Commission (http://www.ethics.state.ms.us/ethics/ethics.nsf) has enforcement power over the Act.

Any willful violation may be prosecuted by the District Attorney’s office. 51 O.S. § 24A.17(A).

A person challenging the denial of a records request to a public body other than a state agency or elected official can seek review from the district attorney in which the public body is located. ORS 192.415 (formerly ORS 192.460).

There is no commission or agency that enforces the Public Records Act. The state Public Disclosure Commission only enforces the campaign finance disclosure aspects of the Public Disclosure Act. RCW 42.17.350, .360, .390.