“ELCA social teaching holds that all residents of the United States have a responsibility to make government function well—not to abandon our democracy but to engage it in a spirit of robust civic duty. For Lutherans, this responsibility is lived out as a calling from God, expressed in the discipleship described in our baptismal promises. It is based on our understanding of how God governs human society.“ -- ELCA Social Message on Government and Civic Engagement: Discipleship in a Democracy, 2020.
In 2021, the General Assembly amended the Sunshine Act to require government entities to make their agenda for an upcoming meeting available to the public at least 24 hours prior to the meeting. Recognizing the need for flexibility, the 2021 amendments also included reasonable exceptions to the 24-Hour Rule including actions relating to emergencies, de minimis matters occurring between the publication of the notice and the meeting, and de minimis matters brought to the attention of the agency by a resident or taxpayer at the meeting. The amendments also provided that an agency may change its agenda at a meeting by a majority vote and announcing the change to those present at the meeting prior to the vote.
Because of the way this section of the Sunshine Act is written, the state Supreme Court interpreted this majority vote procedure as a valid exception to the 24-Hour Rule. This allows the rule to be circumvented by allowing virtually any matter to be considered without giving the public 24-hour notice. This runs contrary to the intent of the rule and the Sunshine Act to provide the public with a reasonable opportunity to be informed of upcoming matters to be discussed at meetings of their local municipality, school district, and state agencies. An informed and engaged citizenry is important for democracy to thrive. The 24-Hour Rule was enacted by the General Assembly to ensure residents are better able to inform themselves of upcoming public meetings that affect their everyday lives.
URGE YOUR LAWMAKERS TO SUPPORT HB2146, bipartisan legislation that would clarify the Sunshine Act by providing for the three exceptions outlined above and limiting the majority vote procedure to only those exceptions. This would ensure greater transparency for responsible and accountable governance. If possible, share stories from your community, when transparent proceedings did or would have allowed for greater community engagement, trust and legitimacy.
Thank you for your advocacy!
