Missouri Sunshine Law 12 Or, a body may qualify as a quasi-governmental body under the Sunshine Law, which is defined in § 610.010(4), RSMo, p. 5, and includes, but is not limited to: • any person, corporation or partnership organized or authorized to do business in this state by the provisions of chapter 352, 353, or 355, RSMo, or an unincorporated association which either: i. has as its primary purpose to: ✓ ✓enter into contracts with public governmental bodies; or ✓ ✓engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; or ii. performs a statutorily-based public function to: ✓ ✓allocate or issue tax credits, tax abatement, public debt, tax- exempt debt, rights of eminent domain; or ✓ ✓contract leaseback agreements on structures whose annualized payments commit public tax revenues. • any association that directly accepts the appropriation of money from a public governmental body, but only to the extent that a meeting, record, or vote relates to such appropriation. Missouri Sunshine Law 13 1) Should a juvenile’s name be redacted from a police report before being released pursuant to a Sunshine Law request? Section 610.100, RSMo, does not directly address the names of juveniles, but another statute that should be considered is § 211.321.3, RSMo, which states: “Peace officers’ records. . . of children . . . shall not be open to inspection or their contents disclosed, except by order of the court.” 2) Are criminal records related to a case with a suspended imposition of sentence open or closed records? If an individual receives a suspended imposition of sentence (SIS), the records are open during the period of probation. Once the individual successfully completes the period of probation, the records are then closed. Section 610.105, RSMo. 3) Are motorists involved in automobile accidents entitled to an accident report, even if the case is under review with the prosecutor about pending charges? Generally, a person who was “involved in any incident or whose property is involved in an incident” is entitled to records that might otherwise be closed, including an accident report, “for purposes of investigation of any civil claim or defense.” This includes the individual’s lawyer, insurance company, or close family member. Section 610.100.4, RSMo. See also Question 4, below. 4) Under what circumstances can a police agency deny access to police reports that might otherwise be open? Sections 610.100.3 and 610.100.4, RSMo, state that the agency has the authority to withhold the disclosure of records that may otherwise be subject to disclosure under two circumstances. First, if the agency has an articulable concern over the safety of a victim, witness, or other person if the record is revealed. Second, disclosure is not necessary if the criminal investigation is likely to be jeopardized. However, the agency may need court approval for withholding this information. 5) Is an employer entitled to closed criminal records of a prospective employee? Under § 610.120, RSMo, a number of employers (including police agencies) are entitled to closed records for employment purposes. This section also states that the defendant can also have access to his or her closed records. Therefore, a prospective employee can allow other prospective employers to access those closed records, if a proper waiver is signed. FAQs - Law Enforcement

Therefore, a prospective employee can allow other prospective employers to access those closed records, if a proper waiver is signed. FAQs - Law Enforcement Missouri Sunshine Law 14 6) Can a criminal defendant access police records related to his pending case under the Sunshine Law? No. Attorney General Opinion No. 200-94 states that if criminal charges are filed, disclosures of police reports should occur under the applicable Rules of Criminal Procedure promulgated by the Missouri Supreme Court. As a result, the defendant is generally required to seek his disclosures from the prosecuting attorney and not the law enforcement agencies directly. 7) How detailed must an incident report be in describing the “immediate facts and circumstances” of the crime or incident? An incident report provides the general public with only the most basic information about each incident to which the law enforcement agency is called to respond. In some cases, it may be sufficient to describe the incident as a “vehicle accident” or “domestic assault,” but in other situations more detail may be appropriate. 8) What information is available from a 911 call? The information that is generally available or open regarding a 911 call is the “incident information” – the date, time, specific location, and immediate facts and circumstances of the call. The recording is inaccessible to the public. Section 610.150, RSMo. 9) Are closed records to be destroyed? No, as a general rule, closed records are to be retained but made inaccessible to the public. Section 610.120, RSMo.

No, as a general rule, closed records are to be retained but made inaccessible to the public. Section 610.120, RSMo. Missouri Sunshine Law 15 S ection 610.028, RSMo, requires a public governmental body to provide a reasonable written policy. Following is a sample resolution. RESOLUTION Section 610.023.1, RSMo, provides that a public governmental body is to appoint a custodian to maintain that body’s records and the identity and location of the custodian is to be made available upon request. Section 610.026, RSMo, sets forth that a public governmental body shall provide access to and, upon request, furnish copies of public records. Section 610.028.2, RSMo, provides that a public governmental body shall provide a reasonable written policy in compliance with §§ 610.010 to 610.030, RSMo, regarding the release of information on any meeting, record, or vote. IT IS RESOLVED:

of (insert name of public governmental body) and that such custodian is located at (insert specific location, including room, street, address, city, and state).

a public record within the time period provided by statute except in those circumstances authorized by statute.