FAQs – Public Governmental Body.................................................................................9 FAQs – Law Enforcement...................................................................................................13 Sample Forms.........................................................................................................................15 Resolution..........................................................................................................................15 Notice of Open Meeting...............................................................................................16 Notice of Closed Meeting.............................................................................................17 Notice of Open Meeting and Vote to Close Part of Meeting...........................18 Request to have Objection to Closed Meeting Entered into Minutes.........19 Request Form...................................................................................................................19 Records Request Form..................................................................................................20 Court Decisions and Attorney General Opinions..................................................21 Public Governmental Bodies and Public Meetings............................................21 Records Requests...........................................................................................................22 Open Records and Meetings......................................................................................23 Closure Permitted..........................................................................................................24 Fees.....................................................................................................................................24 Enforcement and Penalties for Purposeful or Knowing Violations...............25 Law Enforcement Records...........................................................................................26 Attorney General Opinons..........................................................................................27 The Sunshine Law – Chapter 610, RSMo...................................................................30 Transparency Policy.............................................................................................................72 Freedom of Information Act............................................................................................73 Missouri Sunshine Law 4 A Citizen’s Guide to Missouri’s Sunshine Law While it is important to familiarize yourself with the entire text of the Sunshine Law, this portion is dedicated to providing its core tenets in plain, straightforward language. We hope it serves as an accessible foundation upon which you may build an in-depth understanding of this important set of statutes. PUBLIC POLICY FAVORING OPENNESS Except when closure is allowed by law, all public meetings and public records of public governmental bodies must be open and available to the public, and all of their public votes shall be recorded. Meetings and records of public governmental bodies may (though not “shall”) be closed for the reasons listed in Section 610.021, RSMo. (including, but not limited to, privileged discussions with a body’s lawyers or auditors, certain personnel matters, sealed bids until opened, social security numbers, and certain public safety, security system, and computer access information.) The Sunshine Law applies to “public governmental bodies” – virtually all arms of state and local government, as well as “quasi-public governmental bodies,” which are persons or corporations which, primarily, enter into contracts with public governmental bodies, accept public funds, or perform public functions. Subcommittees appointed to make recommendations to public bodies are also covered by the law. Each public governmental body must have a written Sunshine Law policy available to members of the public, and a Custodian of Records whose name is available to the public upon request.

Subcommittees appointed to make recommendations to public bodies are also covered by the law. Each public governmental body must have a written Sunshine Law policy available to members of the public, and a Custodian of Records whose name is available to the public upon request. ENFORCEMENT OF THE SUNSHINE LAW A lawsuit to enforce the Sunshine Law may be brought by any citizen, county prosecutor, or the Attorney General, in the circuit court of the county where the public governmental body has its principal place of business. Suit must be filed within one year from when the violation is ascertainable, and in no event later than two years after the violation occurred. Statute provides specific consequences for violating the Sunshine Law. “Knowing” violations result in civil fines up to $1,000.00. “Purposeful” violations result in civil fines up to $5,000.00, plus attorneys’ fees. Injunctive relief is also available. When the public interest requires, courts may void actions taken in violation of the Sunshine Law. Missouri Sunshine Law 5

Missouri Sunshine Law 5 Missouri Sunshine Law 6 Complaints and concerns regarding enforcement of Missouri’s Sunshine Law may be directed to the Missouri Attorney General’s Office or any local prosecuting attorney. MEETINGS OF PUBLIC GOVERNMENT BODIES Meetings of public governmental bodies, where a quorum is present, and public business is discussed, are subject to the Sunshine Law. This includes telephone conferences and internet chat sessions, as well as meetings, or a series of meetings, each involving fewer than a quorum of the members, but collectively involving a quorum of the public body, where the body’s members deliberately attempt to discuss public business while evading the Sunshine Law. Notices of all meetings must be posted at least 24 hours in advance. If the meeting will be conducted by telephone, or by other electronic means, the notice must identify how the meeting will be conducted, as well as instructions explaining how the public may observe. Notices of open meetings must contain the date, time, place, and tentative agenda of the meeting. Notices of closed meetings must contain the date, time, and place of the meeting, and the specific reason in Section 610.021, RSMo., that allows for closing the meeting. In closed meetings, only business directly related to the reason for closure may be discussed. Roll call votes must be taken on the motion to close a meeting, and each vote taken during a closed meeting must be a roll call vote, with each vote recorded in the meeting minutes. Meeting minutes must record the date, time, and place of the meeting, the members present and absent, and records of all votes taken. Topics about which members of the public did not receive at least 24 hours’ notice should not be discussed during the meeting, unless it is impossible or impractical to provide 24 hours’ notice, in which case the reason for not providing 24 hours’ notice must be noted in the minutes. Public governmental bodies are required to allow recording at open meetings, though they may set rules within their Sunshine Law policy to minimize disruption. Recording a closed meeting without permission of the public governmental body is a class C misdemeanor. While the Sunshine Law mandates that most meetings of public governmental bodies shall be open to the public, it does not require that members of the public be permitted to speak at these meetings.

Recording a closed meeting without permission of the public governmental body is a class C misdemeanor. While the Sunshine Law mandates that most meetings of public governmental bodies shall be open to the public, it does not require that members of the public be permitted to speak at these meetings. Missouri Sunshine Law 7 RECORDS OF PUBLIC GOVERNMENT BODIES Records prepared or retained by or for public governmental bodies are subject to the Sunshine Law. Law enforcement records are subject to the same presumption of openness applicable to other public records, and receive separate treatment under the Sunshine Law. Record requests should be directed to a public governmental body’s Custodian of Records. While not required, it may be helpful to submit requests in writing. A request for general information or stray data is not necessarily the same thing as a request for records unless that information or data is found within an existing record. Requests should be prepared carefully and precisely, and the best practice is to cite Chapter 610, RSMo., in a written request. Public governmental bodies are not required to create records in order to respond to a records request. A standard records request form is included at the end of this guide. The Custodian of Records must respond to requests within three business days, by: (1) providing the requested records; (2) informing the requestor that the records sought are closed, and citing the proper provision for closure; or, (3) explaining the cause of the delay and estimating when the records will be provided. The day a request is received by the Custodian of Records does not count as one of the three business days. The time for providing access may exceed three business days for reasonable cause.

The day a request is received by the Custodian of Records does not count as one of the three business days. The time for providing access may exceed three business days for reasonable cause. Missouri Sunshine Law 8 Public governmental bodies are strongly encouraged to make information available in usable electronic formats, and requests that records be provided in a particular format must be honored if the public governmental body is able to produce the record in the format requested. If the Custodian of Records determines that requested records are closed, then he or she must explain the reason for closure in writing, citing the specific provision permitting closure, within three days of request for explanation. If a record contains both open and closed material, access must be provided to the open material. CHARGES ALLOWED Copy fees of not more than 10 cents per page 9” x 14”, or smaller, plus research time, (billed at actual cost of employees that result in the lowest amount of charges for search, research, and duplication time), are allowed. Persons requesting public records may request an estimate of the cost. Public governmental bodies may require advance payment of fees, and may also decide to reduce or waive fees in the public interest. BRIEF SUMMARY REGARDING LAW ENFORCEMENT RECORDS Records relating to law enforcement operations are addressed in a specific set of statutes within Chapter 610. In general, all incident and arrest reports are open records, but mobile video recordings and investigative reports are closed records until the investigation becomes inactive, as is an arrest record if the person arrested is not charged within 30 days. Other exceptions apply with respect to certain mobile video recordings and portions of records which, if released, would endanger victims, witnesses, undercover officers, or other persons, or which would jeopardize a criminal investigation. Special rules apply to information gained from 911 calls, and particularly graphic crime scene photographs and videos are generally closed.