The Missouri Sunshine Law, Sec. 610.010 R.S.Mo. (2011), et seq., regulates public access to government records. It does not mandate that any specific documents be retained or how long governmental records must be retained. It also doesn't require the creation and production of "information" such as compilations from other data sources.
Before submitting a public records request, verify the following:
- Step 1 - Confirm status of entity as a "public governmental body." The term "public governmental body" is broadly defined by Sec. 610.010(4) R.S.Mo. (2011) to include all legislative, administrative or governmental entities created by the Missouri constitution, state law, or order of any political subdivision or district. It also includes quasi-governmental bodies organized under Chapters 352, 353 and 355 of the Revised Missouri Statutes that have as their primary purpose to enter into contracts with public governmental bodies and that either perform a public function with a statutorily based capacity to confer the issuance of tax credits, tax abatement, public debt, tax-exempt debt, or right of eminent domain or directly accepts the appropriation of money from a public governmental entity (but only to the extent that the meeting, record or vote relates to said appropriation).
- Step 2 - Identify name and address of "custodian of records." All "public governmental bodies" are required to designate or otherwise appoint a "custodian of records" under Sec. 610.023(1) R.S.Mo. (2011). Upon request, the public governmental bodies must identify the name and location of the custodian of records.
- Step 3 - Determine whether the documents sought are "public records." The term "public records" is broadly defined by Sec. 610.010(6) R.S.Mo. (2011) as any "record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body." The definition specifically exempts " any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting." In addition, Sec. 610.025 R.S.Mo. (2011) governs e-mails to and from members of public governmental bodies. It specifically requires members of public governmental bodies transmitting a message relating to public business by e-mail to copy the e-mail to the member's public office computer or the custodian of records. Such e-mails are public records if the e-mail message relates to "public business" and if the e-mail message is sent to a "majority" of the public governmental body's members.
- Step 4 - Determine whether the "public records" sought are exempt from production. Section 610.021 R.S.Mo. (2011) specifically exempts from public disclosure 22 classes of public records, including documents associated with legal action, government procurement, national security and public safety, and public employment matters, and student, welfare, employment and other cases with individually identifiable personal information. Even within these exemptions, there are exceptions for records that are non-exempt.
- Step 5 - Prepare accurate description of the "public records" sought to be reviewed and /or copied. The written request must request specific "public records" and not simply information. It also must be written with sufficient specificity and clarity to permit the custodian of records to identify what documents are responsive to the request. Where appropriate, the description of public records sought should include definitions of the type of documents sought and should include limiting language based on dates, subject matter or similar restrictions.
- Step 6 - Prepare a written request for access to the "public records." The written request for access to the public records should contain the following components: First, the written request should be addressed to the custodian of records. Second, the written request should reference that it is a request for access to public records and is being made under the Missouri Sunshine Law, Sec. 610.010 R.S.Mo. (2011), et seq. Third, as described above, the written request should reference what documents are being sought. Fourth, the written request should specifically state whether you are seeking to review the public records or whether you are also requesting copies of the documents. Fifth, the written request should include a request for waiver of the research and/or photocopying charges or, in the alternative, a request for an estimate of the fees for researching the request and/or photocopying the requested documents. If you are willing to pay a maximum fee, you should include specific authorization to proceed if the fees for research and/or photocopying "shall not exceed $_____." Sixth, the written request should direct the custodian of records to identify which public records are closed or otherwise exempt from public disclosure and should specifically request that closed portions of the documents be produced in redacted form. Seventh, the written request should include delivery instruction and the contact information for the person making the request.
- Step 7 - Deliver the written request for access to the "public records" to the "custodian of records." The written request should be delivered to the custodian of records in the manner prescribed by the custodian of records. Some governmental bodies permit e-mail or website based requests. Other governmental bodies required a mailed request. The method of delivery of the written request as well as the time and date of receipt should be documented. It may be advisable to mail the request by certified mail and to also hand-deliver the written request.
- Step 8 - Tender costs associated with research and/or photocopying. The custodian of records may charge for photocopying at the rate of $0.10 per page, for personnel costs for photocopy based on a rate equal to the average hourly wage for clerical staff and for research at the actual costs. The custodian of records may impose these charges as a condition of processing the written request. The limitations on the imposition of costs are set forth in Sec. 610.026 R.S.Mo. (2011).
- Step 9 - Accurately document response from "custodian of records." The custodian of records shall in accordance with Sec. 610.023 R.S.Mo. (2011) "act upon" the written request "as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records." If access to the public records is not immediately granted, the custodian must give the requesting party a "detailed explanation" of the cause for further delay and the place and earliest time and date that the public records will be available for inspection. The period of delay may exceed three days "for reasonable cause." As noted above, the custodian of records may require the tender of costs prior to photocopying the public records. The statute doesn't specify or mandate a specific form for the response. The person making the public records request should document the response from the custodian of records either by written log or preferably by confirming correspondence to the custodian of records.
