Commissioners say they are fearful that voicing preliminary, argumentative, or exaggerated views could be embarrassing or confusing to the public, or upsetting to financial markets. Just before Congress put ACUS out of business last fall, the committee endorsed a number of them. What they missed is the lack of effort among people in the federal government to make the Sunshine Act work. Even at agencies apparently prospering in the sunshine, such as the Consumer Product Safety Commission, there exists latent desire for change. Many reporters who cover regulatory agencies say that most open meetings now resemble scripted scenes.
Prepared statements precede planned motions and predictable votes.
Some say they go mostly for the occasional candid moments or flashes of debate that illuminate official thinking, or for staff briefings after a meeting is over. Sunshine Act critics argue that if the act is being ignored, and can't be enforced, it might as well be changed. Absent an open spirit among officials, there seem to be few ways to enforce the act, except perhaps by congressional oversight and news media attention. Ellen E. Smith, publisher of Mine Safety and Health News , has followed the story, filed requests for MSHR commissioner Marks's memos, and threatened a lawsuit. Open, rational discussion inhibits improper wheeling and dealing, and the consideration of matters that are not on the record or consideration of politics.