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[[File:Gfp-missouri-st-louis-arch-sun-sky.jpg | thumb | The Missouri Sunshine Law is meant to give light to important government issues in the state.]]
[[File:Gfp-missouri-st-louis-arch-sun-sky.jpg | thumb | The Missouri Sunshine Law is meant to give light to important government issues in the state.]]


Chapter 610 of the Revised Statutes of Missouri, commonly known as the '''Missouri Sunshine Law''', is the primary law regarding [[Freedom of information|freedom of the public to access information]] from any public or quasi-public governmental body in the [[U.S. state]] of [[Missouri]].<ref name="one">{{cite web |title=Sunshine Law |url=https://ago.mo.gov/missouri-law/sunshine-law |publisher=Missouri Attorney General's Office |access-date=17 June 2021}}</ref>
The '''Missouri Sunshine Law''' is the common name for Chapter 610 of the Revised Statutes of Missouri, the primary law regarding [[Freedom of information|freedom of the public to access information]] from any public or quasi-public governmental body in the [[U.S. state]] of [[Missouri]].<ref name="one">{{cite web |title=Sunshine Law |url=https://ago.mo.gov/missouri-law/sunshine-law |publisher=Missouri Attorney General's Office |access-date=17 June 2021}}</ref>


==History==
==History==
It was signed into law in 1973 as response to the federal [[Freedom of Information Act (United States)|Freedom of Information Act]]<ref>{{cite web |title=Missouri FOIA Laws |url=https://www.nfoic.org/missouri-foia-laws/ |website=National Freedom of Information Coalition |publisher=National Freedom of Information Coalition |access-date=17 June 2021}}</ref> to ensure that the state government would also be open and accountable (as the Freedom of Information Act is not applicable to record requests submitted to the individual states). The statute has been continually changed, the last change was in the year 2017.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610 |url=https://revisor.mo.gov/main/ViewChapter.aspx?chapter=610 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
The Missouri legislature passed the statute in 1973 to ensure that the state government would be open and accountable, in the spirit of the 1967 [[Freedom of Information Act (United States)|Freedom of Information Act]], which governs records requests to the federal government.<ref>{{cite web |title=Missouri FOIA Laws |url=https://www.nfoic.org/missouri-foia-laws/ |access-date=17 June 2021 |website=National Freedom of Information Coalition |publisher=National Freedom of Information Coalition}}</ref>


⚫
The statute has been changed several times, most recently in 2017.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610 |url=https://revisor.mo.gov/main/ViewChapter.aspx?chapter=610 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
==Summary of the Actions of the Law==

===Recording of Actions===
The law gained attention during the [[2020 COVID-19 pandemic in the United States|2020 COVID pandemic]], when it was used to reveal personal information about people who reported alleged lockdown breaches.<ref>{{cite web | url=https://www.independent.co.uk/news/world/americas/us-politics/coronavirus-missouri-lockdown-breakers-details-online-st-louis-county-a9497271.html | title=900 Missouri residents who 'snitched' on lockdown rule-breakers fear retaliation after details leaked online | website=[[Independent.co.uk]] | date=4 May 2020 }}</ref>
⚫
Unless there is specific law otherwise; all meetings, records, votes, and actions of governmental bodies shall be made openly available to the public.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.011 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.011 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> When any governmental body votes the votes must be recorded, and where possible with attribution to which officials voted which way. Requires that all votes be cast through physical presence of the official voting or by live call in (via voice or electronic means). Requires that any change to the voting procedures of a body shall be noted in publicly available minutes.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.015 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.015 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>

===Notice and Accessibility of Meetings===
==Summary==
⚫
Requires that public meetings be announced at least one work day before they are to happen, a notice must include time of meeting, date of meeting, place of meeting, the agenda the meeting (if it is open,and if the meeting is open or closed to the public.<ref>{{cite web |title=Sunshine Law: Missouri's Open Meetings and Records Law; Sections 610.010 to 610.028, RSMo |url=https://extension.missouri.edu/extcouncil/documents/sunshine_law_summary.pdf |website=University of Missouri Extension |publisher=University of Missouri}}</ref> Organizers of the meeting must provide legal ways for members of the public to record the meeting. Requires that record is kept of the happenings of each meeting.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.020 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.020 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>

===Exemptions from Public Freedom to Information===
Outlines situations in which closed meetings may be held, such as meetings concerned about government purchases, the state militia, security software, one's Individually identifiable personal records especially if they are a minor. The state shall never reveal any person's [[Social Security number]].<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.035 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.035 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref><ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.021 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.021 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> If it may reasonably endanger a person or hinder an investigation, personal criminal and law enforcement records should be made open.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.100 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.100 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref><ref>{{cite web |last1=Scmitt |first1=Eric |title=Missouri Sunshine Law: Open Meetings and Records Law |url=https://ago.mo.gov/docs/default-source/publications/missourisunshinelaw.pdf |publisher=Missouri Attorney General's Office}}</ref>
* '''All meetings, records, votes, and actions of governmental bodies shall be made openly available''' to the public unless there is specific law otherwise.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.011 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.011 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> When any governmental body votes the votes must be recorded, and where possible with attribution to which officials voted which way. All votes must be cast through physical presence of the official voting or by live call in (via voice or electronic means). Any change to the voting procedures of a body shall be noted in publicly available minutes.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.015 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.015 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
⚫
* '''Public meetings must be announced''' at least one work day before they are to happen, a notice must include time of meeting, date of meeting, place of meeting, the agenda the meeting (if it is open, and if the meeting is open or closed to the public.<ref>{{cite web |title=Sunshine Law: Missouri's Open Meetings and Records Law; Sections 610.010 to 610.028, RSMo |url=https://extension.missouri.edu/extcouncil/documents/sunshine_law_summary.pdf |website=University of Missouri Extension |publisher=University of Missouri}}</ref> Organizers of the meeting must provide legal ways for members of the public to record the meeting. Records must be kept of the happenings of each meeting.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.020 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.020 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
===Closing of Meetings===
* '''Closed meetings may be held in certain circumstances''', such as meetings concerned about government purchases, the state militia, security software, one's Individually identifiable personal records especially if they are a minor. The state shall never reveal any person's [[Social Security number]].<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.035 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.035 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref><ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.021 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.021 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> If it may reasonably endanger a person or hinder an investigation, personal criminal and law enforcement records should be made open.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.100 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.100 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref><ref>{{cite web |last1=Scmitt |first1=Eric |title=Missouri Sunshine Law: Open Meetings and Records Law |url=https://ago.mo.gov/docs/default-source/publications/missourisunshinelaw.pdf |publisher=Missouri Attorney General's Office}}</ref>
No meeting may be closed without an affirmative public vote of the majority of a quorum of the public governmental body.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.022 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.022 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
* '''No meeting may be closed without an affirmative public vote''' of the majority of a quorum of the public governmental body.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.022 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.022 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
===Handling of Records===
Each governmental body must keep its records under the handling of a custodian. Copies of records may be made but records should never be removed or destroyed.<ref name="two">{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.023 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.023 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
* '''Each governmental body must keep its records''' under the handling of a custodian. Copies of records may be made but records should never be removed or destroyed.<ref name="two">{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.023 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.023 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
* '''Any emails regarding public business sent by a member of a public governmental body''' must also be sent to the custodian of records to be kept.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.025 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.025 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
===Handling of Emails===
Any emails regarding public business sent by a member of a public governmental body must also be sent to the custodian of records to be kept.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.025 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.025 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
* '''Public governmental bodies must provide copies of public records''' to anyone who asks,<ref name="three">{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.026 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.026 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> no reason for accessing needs to be provided.<ref name="one" /> If records are requested in a certain format, the custodian shall provide the records in the requested format, if such format is available.<ref name="two" /> If the requested records are not given in three days then the custodian must provide a reason.<ref name="two" /> A reasonable price may be charged for copying, the price for copying on sheets of paper shall not exceed 10 cents per sheet of paper.<ref name="three" /> If possible, public governmental bodies should put their records on a free and easy to access website.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.029 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.029 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
⚫
* '''Government bodies that choose not to comply can be brought to court.''' An individual who purposefully violates the law may receive a fine of up to $5,000.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.027 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.027 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> No employee of any governmental body may be fired for reporting what is believed to be a violation of the statute if they did so in good faith.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.028 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.028 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
===Copies of documents and access for the Public===
Public governmental bodies must provide copies of public records to anyone who asks,<ref name="three">{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.026 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.026 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> no reason for accessing needs to be provided.<ref name="one" /> If records are requested in a certain format, the custodian shall provide the records in the requested format, if such format is available.<ref name="two" /> If the requested records are not given in three days then the custodian must provide a reason.<ref name="two" /> A reasonable price may be charged for copying, the price for copying on sheets of paper shall not exceed 10 cents per sheet of paper.<ref name="three" /> If possible, public governmental bodies should put their records on a free and easy to access website.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.029 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.029 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
===Failure of Public Governmental Bodies to Comply===
Bodies that choose not to comply can be brought to court. An individual who purposefully violates the law may receive a fine of up to $5,000.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.027 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.027 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref> No employee of any governmental body may be fired for reporting what is believed to be a violation of the statute if they did so in good faith.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.028 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.028 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>
⚫
If possible, public governmental bodies should put their records on a free and easy to access website.<ref>{{cite web |title=Revised Statutes of Missouri, RSMo Section 610.029 |url=https://revisor.mo.gov/main/OneSection.aspx?section=610.029 |website=Missouri Revisor of Statutes |publisher=Missouri Revisor of Statutes |access-date=17 June 2021}}</ref>


==Criticisms==
==Criticisms==


===Lack of Enforcement===
===Lack of enforcement===
In a 2014 interview with [[KWMU|St. Louis Public Radio]], Jean Maneke, a consulting attorney for the Missouri Press Association, has expressed that the law's biggest shortcoming is a [[De facto|de facto]] lack of enforcement, saying "even though the law does have enforcement provisions in it, but it is a very difficult law to enforce." In the same article, Chris McDonald (the author), explains how in another investigation he had to wait 60 day to receive documents from a Sunshine requests (20 times the delivery goal set in the statute).<ref>{{cite web |last1=McDonald |first1=Chris |title=Let The Sunshine In: Missouri Law On Open Records Lacks Teeth, Critics Say |url=https://news.stlpublicradio.org/government-politics-issues/2014-03-17/let-the-sunshine-in-missouri-law-on-open-records-lacks-teeth-critics-say |website=St. Louis Public Radio |date=18 March 2014 |publisher=St. Louis Public Radio |access-date=17 June 2021}}</ref>
In a 2014 interview with [[KWMU|St. Louis Public Radio]], Jean Maneke, a consulting attorney for the Missouri Press Association, has expressed that the law's biggest shortcoming is a [[de facto]] lack of enforcement, saying "even though the law does have enforcement provisions in it, but it is a very difficult law to enforce." In the same article, Chris McDonald (the author), explains how in another investigation he had to wait 60 day to receive documents from a Sunshine requests (20 times the delivery goal set in the statute).<ref>{{cite web |last1=McDonald |first1=Chris |title=Let The Sunshine In: Missouri Law On Open Records Lacks Teeth, Critics Say |url=https://news.stlpublicradio.org/government-politics-issues/2014-03-17/let-the-sunshine-in-missouri-law-on-open-records-lacks-teeth-critics-say |website=St. Louis Public Radio |date=18 March 2014 |publisher=St. Louis Public Radio |access-date=17 June 2021}}</ref>


Requests to agencies of the state's government are even less likely to followed through on as the [[Missouri Attorney General]]'s office is not likely to prosecute state agencies because they are their "clients." Complainants who have problems requesting from state agencies have been told to "contact a private attorney" instead of having the Attorney General pursue for them.<ref>{{cite web |last1=Weinberg |first1=Tessa |title=Loophole means Attorney General rarely enforces Missouri Sunshine Law on state agencies |url=https://missouriindependent.com/2022/03/18/loophole-means-attorney-general-rarely-enforces-missouri-sunshine-law-on-state-agencies/ |website=Missouri Independent |publisher=Missouri Independent |access-date=29 September 2022}}</ref>
Requests to agencies of the state's government are even less likely to followed through on as the [[Missouri Attorney General]]'s office is not likely to prosecute state agencies because they are their "clients." Complainants who have problems requesting from state agencies have been told to "contact a private attorney" instead of having the Attorney General pursue for them.<ref>{{cite web |last1=Weinberg |first1=Tessa |title=Loophole means Attorney General rarely enforces Missouri Sunshine Law on state agencies |url=https://missouriindependent.com/2022/03/18/loophole-means-attorney-general-rarely-enforces-missouri-sunshine-law-on-state-agencies/ |website=Missouri Independent |date=18 March 2022 |publisher=Missouri Independent |access-date=29 September 2022}}</ref>


===Cost to Public===
===Cost to public===
In a 2021 interview with [[The Joplin Globe]], Jean Maneke, a consulting attorney for the Missouri Press Association called the cost of access "the No. 1 obstacle to the public" in accessing the files made public through the law, saying "when a requester cannot specifically identify what record is sought, it hinders fast location of that record, which drives up the 'search' portion of the cost."<ref>{{cite web |last1=Younker |first1=Emily |title=The 5 Q's: Jean Maneke explains Missouri's Sunshine Law |url=https://www.joplinglobe.com/news/local_news/the-5-qs-jean-maneke-explains-missouris-sunshine-law/article_28ca9d1c-82b1-11eb-a8b2-fb7fee40f1f5.html |website=The Joplin Globe |publisher=The Joplin Globe |access-date=17 June 2021}}</ref>
In a 2021 interview with [[The Joplin Globe]], Jean Maneke, a consulting attorney for the Missouri Press Association called the cost of access "the No. 1 obstacle to the public" in accessing the files made public through the law, saying "when a requester cannot specifically identify what record is sought, it hinders fast location of that record, which drives up the 'search' portion of the cost."<ref>{{cite web |last1=Younker |first1=Emily |title=The 5 Q's: Jean Maneke explains Missouri's Sunshine Law |url=https://www.joplinglobe.com/news/local_news/the-5-qs-jean-maneke-explains-missouris-sunshine-law/article_28ca9d1c-82b1-11eb-a8b2-fb7fee40f1f5.html |website=The Joplin Globe |date=13 March 2021 |publisher=The Joplin Globe |access-date=17 June 2021}}</ref>


There have been attempts to raise the cost of access for getting and searching for documents through sunshine requests.<ref>{{cite web |last1=Weinberg |first1=Tessa |title=Lawmakers debate changes to Missouri Sunshine Law that would conceal more records |url=https://missouriindependent.com/2022/05/06/lawmakers-debate-changes-to-missouri-sunshine-law-that-would-conceal-more-records/ |website=Missouri Independent |publisher=Missouri Independent |access-date=29 September 2022}}</ref>
There have been attempts to raise the cost of access for getting and searching for documents through sunshine requests.<ref>{{cite web |last1=Weinberg |first1=Tessa |title=Lawmakers debate changes to Missouri Sunshine Law that would conceal more records |url=https://missouriindependent.com/2022/05/06/lawmakers-debate-changes-to-missouri-sunshine-law-that-would-conceal-more-records/ |website=Missouri Independent |date=6 May 2022 |publisher=Missouri Independent |access-date=29 September 2022}}</ref>


==Further Reading (External Links)==
==Further reading (external links)==
* Chapter 610 in whole text on the official website of the Missouri Revisor of Statutes: https://revisor.mo.gov/main/ViewChapter.aspx?chapter=610
* Chapter 610 in whole text on the official website of the Missouri Revisor of Statutes: https://revisor.mo.gov/main/ViewChapter.aspx?chapter=610
*An explanatory guide to the Sunshine law from the Missouri Attorney General's office, in PDF form: https://ago.mo.gov/docs/default-source/publications/missourisunshinelaw.pdf
*An explanatory guide to the Sunshine law from the Missouri Attorney General's office, in PDF form: https://ago.mo.gov/docs/default-source/publications/missourisunshinelaw.pdf

Latest revision as of 20:53, 8 June 2023

The Missouri Sunshine Law is meant to give light to important government issues in the state.

The Missouri Sunshine Law is the common name for Chapter 610 of the Revised Statutes of Missouri, the primary law regarding freedom of the public to access information from any public or quasi-public governmental body in the U.S. state of Missouri.[1]

History

[edit]

The Missouri legislature passed the statute in 1973 to ensure that the state government would be open and accountable, in the spirit of the 1967 Freedom of Information Act, which governs records requests to the federal government.[2]

The statute has been changed several times, most recently in 2017.[3]

The law gained attention during the 2020 COVID pandemic, when it was used to reveal personal information about people who reported alleged lockdown breaches.[4]

Summary

[edit]
  • All meetings, records, votes, and actions of governmental bodies shall be made openly available to the public unless there is specific law otherwise.[5] When any governmental body votes the votes must be recorded, and where possible with attribution to which officials voted which way. All votes must be cast through physical presence of the official voting or by live call in (via voice or electronic means). Any change to the voting procedures of a body shall be noted in publicly available minutes.[6]
  • Public meetings must be announced at least one work day before they are to happen, a notice must include time of meeting, date of meeting, place of meeting, the agenda the meeting (if it is open, and if the meeting is open or closed to the public.[7] Organizers of the meeting must provide legal ways for members of the public to record the meeting. Records must be kept of the happenings of each meeting.[8]
  • Closed meetings may be held in certain circumstances, such as meetings concerned about government purchases, the state militia, security software, one's Individually identifiable personal records especially if they are a minor. The state shall never reveal any person's Social Security number.[9][10] If it may reasonably endanger a person or hinder an investigation, personal criminal and law enforcement records should be made open.[11][12]
  • No meeting may be closed without an affirmative public vote of the majority of a quorum of the public governmental body.[13]
  • Each governmental body must keep its records under the handling of a custodian. Copies of records may be made but records should never be removed or destroyed.[14]
  • Any emails regarding public business sent by a member of a public governmental body must also be sent to the custodian of records to be kept.[15]
  • Public governmental bodies must provide copies of public records to anyone who asks,[16] no reason for accessing needs to be provided.[1] If records are requested in a certain format, the custodian shall provide the records in the requested format, if such format is available.[14] If the requested records are not given in three days then the custodian must provide a reason.[14] A reasonable price may be charged for copying, the price for copying on sheets of paper shall not exceed 10 cents per sheet of paper.[16] If possible, public governmental bodies should put their records on a free and easy to access website.[17]
  • Government bodies that choose not to comply can be brought to court. An individual who purposefully violates the law may receive a fine of up to $5,000.[18] No employee of any governmental body may be fired for reporting what is believed to be a violation of the statute if they did so in good faith.[19]

Criticisms

[edit]

Lack of enforcement

[edit]

In a 2014 interview with St. Louis Public Radio, Jean Maneke, a consulting attorney for the Missouri Press Association, has expressed that the law's biggest shortcoming is a de facto lack of enforcement, saying "even though the law does have enforcement provisions in it, but it is a very difficult law to enforce." In the same article, Chris McDonald (the author), explains how in another investigation he had to wait 60 day to receive documents from a Sunshine requests (20 times the delivery goal set in the statute).[20]

Requests to agencies of the state's government are even less likely to followed through on as the Missouri Attorney General's office is not likely to prosecute state agencies because they are their "clients." Complainants who have problems requesting from state agencies have been told to "contact a private attorney" instead of having the Attorney General pursue for them.[21]

Cost to public

[edit]

In a 2021 interview with The Joplin Globe, Jean Maneke, a consulting attorney for the Missouri Press Association called the cost of access "the No. 1 obstacle to the public" in accessing the files made public through the law, saying "when a requester cannot specifically identify what record is sought, it hinders fast location of that record, which drives up the 'search' portion of the cost."[22]

There have been attempts to raise the cost of access for getting and searching for documents through sunshine requests.[23]

Further reading (external links)

[edit]

References

[edit]
  1. ^ a b "Sunshine Law". Missouri Attorney General's Office. Retrieved 17 June 2021.
  2. ^ "Missouri FOIA Laws". National Freedom of Information Coalition. National Freedom of Information Coalition. Retrieved 17 June 2021.
  3. ^ "Revised Statutes of Missouri, RSMo Section 610". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  4. ^ "900 Missouri residents who 'snitched' on lockdown rule-breakers fear retaliation after details leaked online". Independent.co.uk. 4 May 2020.
  5. ^ "Revised Statutes of Missouri, RSMo Section 610.011". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  6. ^ "Revised Statutes of Missouri, RSMo Section 610.015". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  7. ^ "Sunshine Law: Missouri's Open Meetings and Records Law; Sections 610.010 to 610.028, RSMo" (PDF). University of Missouri Extension. University of Missouri.
  8. ^ "Revised Statutes of Missouri, RSMo Section 610.020". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  9. ^ "Revised Statutes of Missouri, RSMo Section 610.035". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  10. ^ "Revised Statutes of Missouri, RSMo Section 610.021". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  11. ^ "Revised Statutes of Missouri, RSMo Section 610.100". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  12. ^ Scmitt, Eric. "Missouri Sunshine Law: Open Meetings and Records Law" (PDF). Missouri Attorney General's Office.
  13. ^ "Revised Statutes of Missouri, RSMo Section 610.022". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  14. ^ a b c "Revised Statutes of Missouri, RSMo Section 610.023". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  15. ^ "Revised Statutes of Missouri, RSMo Section 610.025". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  16. ^ a b "Revised Statutes of Missouri, RSMo Section 610.026". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  17. ^ "Revised Statutes of Missouri, RSMo Section 610.029". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  18. ^ "Revised Statutes of Missouri, RSMo Section 610.027". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  19. ^ "Revised Statutes of Missouri, RSMo Section 610.028". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  20. ^ McDonald, Chris (18 March 2014). "Let The Sunshine In: Missouri Law On Open Records Lacks Teeth, Critics Say". St. Louis Public Radio. St. Louis Public Radio. Retrieved 17 June 2021.
  21. ^ Weinberg, Tessa (18 March 2022). "Loophole means Attorney General rarely enforces Missouri Sunshine Law on state agencies". Missouri Independent. Missouri Independent. Retrieved 29 September 2022.
  22. ^ Younker, Emily (13 March 2021). "The 5 Q's: Jean Maneke explains Missouri's Sunshine Law". The Joplin Globe. The Joplin Globe. Retrieved 17 June 2021.
  23. ^ Weinberg, Tessa (6 May 2022). "Lawmakers debate changes to Missouri Sunshine Law that would conceal more records". Missouri Independent. Missouri Independent. Retrieved 29 September 2022.
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