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.

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. CONCLUSION Again, this brief summary is included in order to give a broad understanding of Sunshine Law basics. Before making any decision on behalf of a public governmental body, be sure to review all relevant sections within Chapter 610, RSMo.

CONCLUSION Again, this brief summary is included in order to give a broad understanding of Sunshine Law basics. Before making any decision on behalf of a public governmental body, be sure to review all relevant sections within Chapter 610, RSMo. Missouri Sunshine Law 9 1) How much can a public governmental body charge for records requests? Section 610.026.1(1), RSMo, allows a public governmental body to charge up to 10 cents per page for standard paper copies, the average hourly rate of pay for clerical staff to duplicate documents, and the actual cost of the research time for fulfilling the request. This provision also requires that the public governmental body use the lowest salaried employees capable of searching, researching, and copying the records. Fees for accessing records on other media, or non-standard paper copies, shall reflect actual cost involved. The requestor may wish to ask for a breakdown of the costs associated with the request to determine how the public governmental body arrived at the final charge. 2) Our board goes in to closed session and we don’t know what they are going to talk about. Don’t they have to let us know why they are closing the meeting? Yes. Section 610.022, RSMo, requires that public governmental bodies give at least 24 hours notice of each proposed closed meeting and the reason for holding it by reference to the specific exception allowed under § 610.021, RSMo. Section 610.022, RSMo, also states that no public governmental body can move from an open meeting into a closed meeting without a roll call vote, and that the vote and the specific section of § 610.021, RSMo, shall be publicly announced and entered in to the minutes. 3) I was told my request would be ready in 2 weeks. Doesn’t the Sunshine Law say they have to give me the records in 3 days? Section 610.023.3, RSMo, requires that each request be responded to as soon as possible, but no later than the end of the third business day following the custodian of records’ receipt of the request. If access is not granted immediately, the custodian of records is required to explain the reason for the delay and the earliest date and time that the records will be available. Therefore, public governmental bodies are allowed to exceed the three days for production, but they are required to notify you of the delay and explain when they anticipate the records will be ready. 4) Can a public governmental body add items to the agenda after it has been posted? Section 610.020.1, RSMo, requires public governmental bodies to post a notice and a tentative agenda for each meeting, and that the agenda be constructed in a manner reasonably calculated to advise the public of the matters to be considered. Further, § 610.020.2, RSMo, requires that this notice be posted at least 24 hours in FAQs - Public Government Body