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What is the Sunshine Law in Missouri?

Published in Missouri Government Transparency 4 mins read

The Sunshine Law in Missouri, officially known as Chapter 610 of the Revised Statutes of Missouri, is a vital set of statutes designed to ensure transparency and accountability in government. It grants the public the right to access records and attend meetings of public governmental bodies, fostering an open and accessible government.

Core Principles of the Missouri Sunshine Law

At its heart, the Sunshine Law ensures that governmental decisions and actions are conducted openly, allowing citizens to monitor how their public funds are spent and how policies are made. This law applies to all "public governmental bodies," which include state and local government agencies, boards, commissions, and other entities that are supported by public funds or are vested with the authority to make decisions on behalf of the public.

Aspect Description
Purpose To promote openness and transparency in all governmental bodies, ensuring public access to records and meetings.
Scope Covers both public records and public meetings of state and local public governmental bodies.
Public Records Grants citizens the right to inspect and copy most records of public governmental bodies.
Public Meetings Requires that most meetings of public governmental bodies be open to the public. These meetings must be announced in advance, and minutes must be kept.
Accountability Provides mechanisms for citizens to challenge violations of the law, encouraging adherence by governmental entities.

Access to Public Records

Under the Sunshine Law, citizens have the right to request and obtain various public records. This includes, but is not limited to:

  • Official documents: Such as contracts, budgets, permits, and licenses.
  • Correspondence: Related to public business.
  • Data: Collected or maintained by governmental bodies.

To request records, individuals typically submit a written request to the public governmental body. The law mandates that bodies respond promptly and allow inspection or provide copies of non-exempt records. While there might be reasonable fees for copying, these should not exceed the actual cost of duplication.

Open Public Meetings

A cornerstone of the Sunshine Law is the requirement for public governmental bodies to conduct their meetings openly. This means:

  1. Advance Notice: Meetings must be publicly announced with adequate notice, including the date, time, and location.
  2. Open to Attendance: All members of the public have the right to attend these meetings.
  3. Meeting Minutes: Minutes of all public meetings must be taken and made available for public inspection.

Recording Public Meetings

A significant provision of the Sunshine Law specifically grants the public the right to record open meetings. This empowers attendees to capture the proceedings using various methods:

  • Audio Recording: The law allows for public meetings to be audio recorded by attendees.
  • Video Recording: Similarly, video recording of public meetings by attendees is permitted.

While the right to record is clear, each public governmental body has the authority to establish guidelines regarding the recording process. These guidelines may specify:

  • How meetings will be recorded: This could include rules about equipment placement or avoiding disruption.
  • Making recordings accessible: How the public can access official or attendee-made recordings after the meeting.

These guidelines are typically designed to ensure that recording does not disrupt the meeting's decorum or interfere with the conduct of public business, while still upholding the right to record.

Exceptions to Openness

It's important to note that the Sunshine Law does provide specific, limited exceptions where a governmental body may close a record or a meeting. These exceptions are narrowly defined and generally pertain to sensitive information, such as:

  • Personnel records
  • Records related to legal actions or privileged communications
  • Negotiations for real estate purchases
  • Discussions involving public safety or security
  • Student records

When a meeting is closed, the governmental body must cite the specific statutory exemption under which it is acting, and only topics related to that exemption can be discussed.

Enforcing Your Rights

If a citizen believes a public governmental body has violated the Sunshine Law, they have several avenues to address the issue:

  • Informal Contact: Often, a polite inquiry or reminder to the body can resolve the issue.
  • Formal Complaint: A written complaint can be filed with the governmental body itself.
  • Legal Action: Ultimately, citizens can file a lawsuit in circuit court to enforce their rights under the Sunshine Law. The court can order compliance, assess civil penalties, and award attorney fees to the prevailing party.

The Missouri Attorney General's Office also plays a role in enforcing the Sunshine Law and provides resources and handbooks to help both citizens and governmental bodies understand their rights and obligations. More detailed information can often be found in the Missouri Sunshine Law Handbook.