The Missouri Sunshine Law, Sec. 610.010 R.S.Mo. (2011), et seq., (hereinafter referred to as the "Missouri Sunshine Law") governs the actions and conduct of public governmental bodies regarding public meetings and public access to governmental records. This summary addresses the component of the Missouri Sunshine Law relating to public access to governmental records.
- What Government Entities are Covered by the Missouri Sunshine Law? All public governmental entities are generally covered by the Missouri Sunshine Law. The term "public governmental bodies" is broadly defined as legislative, administrative or other governmental entities created by the constitution or statutes of this state, or by order or ordinance of any political subdivision or district as well as judicial entities when operating in an administrative capacity. This definition includes state agencies, institutions of higher education, political subdivisions of state, county or municipal governments, school districts, and special-purpose districts, including sewer, water, roadway and drainage districts. The term may also includes certain “quasi-public governmental bodies.” The terms does not include federal employees or federal agencies.
- Who is Responsible for Responding to Public Records Requests? Each public governmental body must adopt a reasonable public records policy that complies with the Missouri Sunshine Law and must appoint a custodian of records whose primary duty is to administer the public records policy and to respond to public records requests.
- What Records are Subject to Public Disclosure? Unless otherwise exempt from disclosure or closed by law, all public records are subject to public inspection and photocopying. While the Missouri Sunshine Law lists 18 classes of records not subject to public inspection, the list of closed records contained in the Missouri Sunshine Law is neither exclusive nor exhaustive. Other provisions of Missouri law may provide a basis for closing or exempting public records from public inspection. In addition, records may be closed under Federal law.
- What are Some Examples of Closed Records? A public governmental body is permitted, but not required, to close its meetings, records and votes when they relate to certain issues or topics listed in Sec. 610.021 R.S.Mo. (2011). The enumerated exceptions are given narrow construction. Public records that may be closed and exempted from public inspection include documents relating to: (a) Legal actions, causes of action or litigation (except that votes, minutes and settlement agreements must be opened to the public on final disposition, unless ordered closed by a court). (b) Leasing, purchase or sale of real estate where public knowledge might adversely affect the amount paid in the transaction. (c) Hiring, firing, disciplining or promoting a particular governmental employee. (d) Records that are protected from disclosure by other laws. For a complete list of exemptions under the Missouri Sunshine Law, please review Sec. 610.021 R.S.Mo. (2011).
- What are the Duties of Custodian of Records regarding Public Records Requests? The Sunshine Law requires that the Custodian of Record must "act upon" each request for access to a public record by on no later than the end of the third business day following the date the request was received by the Custodian of Record. If public access is denied, the Custodian of Records must, upon request, provide an explanation in writing as to the reason for withholding a document for public disclosure.
- Can the Custodian of Records Charge the Requesting Party for Photocopying and Other Charges? Unless otherwise provided by law, public records shall be open and available to the public for inspection and copying. The government body may charge up to 10 cents per page for standard copies and the actual cost of the copy for larger or specialized documents (such as maps, photos and graphics). The government body also may charge a reasonable fee for the time necessary to search for and copy public records. Research time may be charged at the actual cost incurred to locate the requested public records. Copying time shall not exceed the average hourly rate of pay for clerical staff of the public body. A public body may reduce or waive costs when it determines the request is made in the public interest and is not made for commercial purposes.
- Is There a Safe Harbor Provision? Yes. Custodians of record, acting pursuant to and in compliance with the public government body's written public records policy, are not subject to civil liability under the Missouri Sunshine Law.
- Who is Responsible for Enforcing the Provisions of the Missouri Sunshine Law? Any Missouri taxpayer, citizen or aggrieved person, the Missouri Attorney General, or the county prosecutor may bring a court action to enforce the Missouri Sunshine Law. The lawsuit must be filed in the circuit court in the county where the public governmental body has its principal place of business. A lawsuit must be filed within one year from when the violation is ascertainable, but no later than two years after the violation occurred.
- What are the Penalties for Violations of the Missouri Sunshine Law? If the court finds a public governmental body has violated the Missouri Sunshine Law, it may declare void any action taken in violation of the law. The Court may also impose a civil fine of up to $1,000.00 for knowing violations of the Missouri Sunshine Law or a civil fine of up to $5,000.00 for purposeful violations of the Missouri Sunshine Law. In addition, Court may award reasonable attorney's fees and costs for knowing violations and shall award reasonable attorney's fees and costs for purposeful violations. The Court may also enforce the provisions of the Missouri Sunshine Law through injunctive relief.
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