Missouri Sunshine Law

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Contents

State sunshine
State laws
How to ask for records
Transparency headlines
Statutory changes
Notable FOIA requests
State sunshine lawsuits
State court cases
E-mail access
Private agency, public dollars
The WikiFOIA portal

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.

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%. [2]

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.[3]

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".[4]

Revisions of the Sunshine Law

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."[5]

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.

Public Records

Public records are addressed in sections 610.10, 610.023, 610.024, 610.026 of the Sunshine Law. These constitute that unless otherwise provided by law, records of a public governmental body are to be open and available to the public for inspection and copying. The term "public record" includes records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body.[6]

  • The governmental body may charge a reasonable price for the time necessary to search for the documentation and the replication of it.
  • The custodian of records may deny a request but must explain in writing why access is denied and that statute that authorizes the denial.

Who May Request Missouri Records?

Anyone may request public documents in Missouri. [7]

For requester residency requirements in other states, see the list of who can make public record requests by state.

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.

See also: Missouri Public Records

Government entities

Public governmental bodies are defined as legislative, administrative or other entities created by the constitution or statues of the state. An organization may also be considered a governmental entity by ordinance of any political subdivision or districts as well as judicial entities when operating in an administrative role. These entities are narrow by municipality, county, township, school district or a special-purpose district.

This also includes "quasi-public governmental bodies" which are those that regularly enter into contracts with governmental bodies or perform public functions.[8]

See also: List of Missouri government entities

The Budget

Introduced in Missouri by Gov. Matt Blunt's Executive Order 07-24 in 2007.[9] This effectively opened the budget to the public in an easy to understand format. Specifically, the order required:

  • State agencies to procure goods and services and disburse funds to eligible recipients
  • Creating an internet site for the public to freely search and access information about government spending, grants, and contracts; and
  • The Commissioner of Administration to establish the Missouri Accountability Portal as a free, internet-based tool allowing citizens to demand fiscal discipline and responsibility.
  • The Missouri Accountability Portal to be an easy-to-search database of financial transactions related to the purchase of goods and services and the distribution of funds for state programs.
  • The Missouri Accountability Portal to be updated each state business day and maintained as the primary source of information about the activity of Missouri’s government.

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.[10]

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:

  • Time of the meeting
  • Date of the meeting
  • Place of the meeting
  • Tentative agenda of an open meeting
  • Whether the meeting will be open or closed
  • If it must occur within a 24 hour period, the reasons must be recorded in the meeting minutes.

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:

  • Shall be subjected to a fine up to $1,000
  • May request to pay all reasonable cost of the attorney feeds.

If found guilty:

  • Subject is faces a civil fine up to $5,000
  • Will pay all court costs and reasonable attorney fees.

See also:

External links

References

  1. ↑ Jean Maneke, Esq., Missouri BAR, The Sun Shines a Little Brighter:Changes to Chapter 610, 1999
  2. ↑ Integrity Index available for download here
  3. ↑ Graded state responsiveness to FOI requests, 2007
  4. ↑ Freedom of Information in the USA, 2002
  5. ↑ Jean Maneke, Esq., Missouri BAR, The Sun Shines a Little Brighter:Changes to Chapter 610, 1999
  6. ↑ Sunshine Law PDF''
  7. ↑ Open Government Guide to Missouri
  8. ↑ Definition of Public Governmental Bodies RMS 610.010(4)
  9. ↑ Executive Order 07-24 language
  10. ↑ Chicago Daily Herald, Citizens need this portal to accountability, April 7, 2008
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