Missouri Sunshine Law

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Missouri's Sunshine Law was introduced seven years after the Freedom of Information Act was passed in Congress in response to the Watergate scandal. In 1973, RSMO Chapter 610 was signed into the Missouri Constitution making the state one earliest advocates of the open records act. The law expressly stated that meetings, records, votes, actions, and deliberations of public governmental bodies are to be open to the public.[1]

The law set out to create specific instances when a meeting, record or vote may be closed should be narrowly defined and interpreted to promote government openess. Public meetings are designated to be held at convenient times, to be accessible to the public and held in facilities large enough to accommodate the expected audience.

The Missouri Meeting Notices Law legislates the methods by which meetings are conducted, either open or closed.

To learn more about how to make a public records request in this state, please see: Missouri FOIA procedures

[edit] Recent news

See also: Missouri transparency headlines

[edit] Transparency blocking

More transparency blocking news from across the country.

[edit] Litigation

More FOIA litigation news from across the country.

[edit] Legislation

No recent news. If you have news add it here

More FOIA legislation news from across the country.

[edit] Sunshine Guardians

Other Sunshine Guardians from across the country.


[edit] Relevant legal cases

See also: Court cases with an impact on state FOIA

Here is a list of lawsuits in Missouri. For more information go the page or go to Missouri sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)

Lawsuit Year
Librach v. Cooper 1989
North Kansas City Hospital Board of Trustees v. St. Luke's Northland Hospital 1998
Remington v. City of Boonville 1985
Tuft v. City of St. Louis 1995


[edit] Proposed transparency legislation

[edit] 2010

See also Proposed transparency legislation, 2010

We do not currently have any legislation for Missouri in 2010. To add some, please see WikiProject Proposed state sunshine legislation.


[edit] 2009

See also Proposed reforms in state sunshine laws, 2009

Louis Leonatti and Joe Maxwell in early 2009 issued a statement saying that Missouri's Sunshine Law is poorly written and needs to be fixed. Among the changes they suggest:

House Bill 62 [2] "would let police departments close files in which an officer is found to have violated departmental policy but committed no criminal act, or when no violation is found. The proposal, by Rep. Scott Lipke, R-Jackson, specifies that a file showing that an officer committed a crime would remain open." [3] Debate on the bill centered around concerns that exempting accusations against police officers would simply protect those that abused their power. [4]

House Bill 316 [5] was sponsored by Tim Jones (R-Eureka) in early 2009. The bill seeks to narrow the definition of the times a public meeting may be moved into closed session, require five days notice of public meetings (rather than the current 24 hours required notice), provide public records in electronic format if they are stored that way, and to open up the proceedings of the Missouri Ethics Commission. [6] Citizens have been urging the legislature to pass this bill, while lobbying organizations representing local governmental officials object to it. Gary Markenson, a lobbyist for the Missouri Municipal League and Todd Smith, a lobbyist for the Missouri Association of Counties expressed concern that the bill "goes too far". [7] Governor Jay Nixon has stated that he "hope[s] it [the bill] crosses my desk so I'll be able to sign it". [8]

[edit] 1993

In the early 90's the Sunshine Law began to undergo major revisions due to electronic media and the expansive role of government within the state. In 1993, H.B. No. 170 amended how votes were recorded in closed meeting. Whereas prior to the mandate the votes were "made public" it was now required for votes to be recorded by a roll call vote. In 1995 this moved into the judicial area of legislation where it was ruled that despite the case of Tuft v. City of St. Louis, which ruled the government can agree on settlements in return for silence that settlement agreements made by public bodies are open records, even if no taxpayer funds are exchanged.

Another change included the revision of the definition of a "public record" to exclude:

"internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendation in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting."[9]

Also it was noted that given the trend of governmental units to sign contract with large information distribution entities for exclusive right to manipulate and distribute public records that it would be recognized that taxpayers pay for collection of this data and should not be forced, when seeking to access this taxpayer-owned data to profit a commercial company.

[edit] Missouri's transparency report card

A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Missouri #22 in the nation with an overall percentage of 52.50%. [10]

A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Missouri 41 points out of a possible 100, a letter grade of "F", and a ranking of 34 out of the 50 states.[11]

A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Missouri's law as the 42nd worst in the country, giving it a letter grade of "D".[12]

[edit] Features of the law

The law summarizes its purpose stating that, " It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. Sections 610.010 to 610.200 shall be liberally construed and their exceptions strictly construed to promote this public policy."[13]

It is important to note that all governing bodies are required by statute to name a custodian of records. [13]

[edit] What records are covered?

Records are defined by Missouri law as "any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body"[13]

[edit] Exemptions

Specific exceptions include but are not limited to:

However, records that contain both exempt and non-exempt material must be seperated and non-exempt material must be released. [13]

[edit] Deliberative Process Exemption

Missouri possess a codified deliberative process exemption, stating that, "The term “public record” shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting."[13]

[edit] Electronic media

E-mails are subject to open record requests if an e-mail is sent to 2 or more recipients concerning public business. Any such message is required to be copied to the custodian of records, or the members public office computer.

[edit] The budget

Introduced in Missouri by Gov. Matt Blunt's Executive Order 07-24 in 2007.[14] This effectively opened the budget to the public in an easy to understand format. Specifically, the order required:

The Missouri Accountability Portal (MAP) is one of the most comprehensive open records site available by state and is being held up for example by other states.[15]

[edit] What agencies are covered?

Agencies include all branches of government at both the state and local levels, including entities created to serve advisory capacities. This also includes "quasi-public governmental bodies" which are those that regularly enter into contracts with governmental bodies or perform public functions.[13]

[edit] Who may request records?

See also: List of who can make public record requests by state.

Anyone may request public documents in Missouri.

[edit] Must a purpose be stated?

There is no law requiring a statement of purpose.

[edit] How can records be used?

There is nothing in the Missouri Sunshine Law that restricts the use of records.

[edit] Time allowed for response

See also: Request response times by state.

Missouri law allows for three business days for the return of records requests. However, it does permit lengthening this but only with written notice by the custodian of the records.[13]

[edit] Fees for records

Missouri law allows for charging of fees which include the cost of duplication, which is not to exceed $.10 per page as well as the cost of research and labor involved in duplication. Partial or whole waivers may be granted if the records are deemed to be in the public interest. [13]

[edit] Penalties

If it found that government body violated the Sunshine law it may declare void any action taken in violation of the law. If the law was knowingly violated however:

If found guilty:


[edit] Open meetings

It is required by the Sunshine Law that government entities provide a reasonable written notice at least 24 hours in advice before a public body meets. This notice must be posted predominately in the principle office of the entity or at the agreed meeting place. Any meetings held by conference call, internet or other electrical means is to posted to the principle website.

Other requirements include:

[edit] Notable requests

[edit] 2008

In 2008, Attorney General Jay Nixon (who subsequently became the state's governor) appointed a special investigative team to investigate whether Gov. Matt Blunt or his staffers had violated various provisions of the state's sunshine law.

Cole County Circuit Court Judge Richard Callahan was in charge of approving the settlement reached between the parties to the dispute. Judge Callahan questioned whether the attorney general's office had the authority to appoint independent investigators. Callahan called the investigators (former state patrolmen Mel Fisher and Rick Wilhoit) a "rogue investigative team."

Henry Herschel, who was Matt Blunt's senior advisor at the time the e-mail controversy started, advised the governor on Sept. 10 and again on Sept. 14, that e-mails were not public record and that the governor’s office didn’t have a records retention policy. Later, on Nov. 11, Herschel corrected his position.[1]

[edit] See also

[edit] External links

[edit] References

  1. ↑ 1.0 1.1 St. Louis Post-Dispatch, "Judge Callahan shows disdain for Jay Nixon, Chet Pleban", January 6, 2009
  2. ↑ Text of HB 62
  3. ↑ Mo. lawmakers propose closing some police records, Associated Press, January 28, 2009
  4. ↑ Sealing of police records disputed, News Leader, January 29, 2009
  5. ↑ Text of HB316
  6. ↑ New legislation would expand Missouri open records law, Associated Press, January 21, 2009
  7. ↑ Citizens across Missouri call for stronger Sunshine Law, St. Louis Post-Dispatch, February 11, 2009
  8. ↑ Missouri officials back stronger Sunshine Law, Kansas City Star, February 19, 2009
  9. ↑ Jean Maneke, Esq., Missouri BAR, The Sun Shines a Little Brighter:Changes to Chapter 610, 1999
  10. ↑ Integrity Index available for download here
  11. ↑ Graded state responsiveness to FOI requests, 2007
  12. ↑ Freedom of Information in the USA, 2002
  13. ↑ 13.00 13.01 13.02 13.03 13.04 13.05 13.06 13.07 13.08 13.09 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 Missouri Sunshine Law 610.011.1
  14. ↑ Executive Order 07-24 language
  15. ↑ Chicago Daily Herald, Citizens need this portal to accountability, April 7, 2008
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