Sunshine Law FAQs

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.

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.

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 advance of the meeting. However, § 610.020, RSMo, includes an exception that, if for good cause, 24 hours notice is impossible or impractical, the public governmental body shall give as much notice as possible. Also, the nature of the good cause justifying the departure from normal requirements shall be stated in the minutes.

Under the Sunshine Law, a meeting takes place when a majority or quorum of a public governmental body gathers to discuss or vote on public business (§ 610.010(5), RSMo, and Colombo v. Buford, 935 S.W.2d 690 (Mo. App. W.D. 1996)). Therefore, if less than a quorum of the public body meets to discuss public business, it is not a “meeting” as defined under the Sunshine Law. However, the Sunshine Law will apply to meetings of groups with less than a quorum when the entity is deliberately attempting to evade the Sunshine Law. See, Colombo, cited above. For example, a public governmental body may not purposely meet in groups with less than a quorum to discuss public business and then ratify those decisions in a subsequent public meeting.

Pursuant to § 610.010(5), RSMo, a public meeting exists when a public body meets and public business is discussed, decided, or public policy is formulated. A single e-mail about an issue would not in and of itself constitute a meeting requiring advance notice. However, by § 610.025, RSMo, any member of a public governmental body who sends
an e-mail relating to public business to a majority of the body shall also send a copy to the member’s public office computer or to the custodian of records to be retained as a public record.

Section 610.023.3, RSMo, requires that each request for access to public records is to be responded to as soon as possible; it does not specify a manner in which these requests must be submitted. Therefore, a public governmental body may ask that requestors fill out a form, but it can’t require them to do so.

Only a court can impose penalties if it finds that the Sunshine Law has been violated, and penalties are assessed only if the violation is found to be knowing or purposeful. A court may also void any action that was taken in violation of the law, but it is at the court’s discretion, after considering if it is in the public interest to do so.

One sample motion is: “I move that this meeting be closed, and that all records and votes, to the extent permitted by law, pertaining to and/or resulting from this closed meeting be closed under Section 610.021, subsection(s) ___, RSMo, for the purpose of (insert the language of the provision(s) cited).”

Please note that the public governmental body should only cite those subsections that are applicable to the material it intends to close (not a standard list of several subsections).

To determine if the Sunshine Law applies to a body, refer to the definition of public governmental body in § 610.010, RSMo, p. 4, which includes, but is not limited to:

• public bodies created by state constitution or statutes;
• public bodies created by order or ordinance of any political subdivision or district; judicial entities when operating in an administrative capacity;
• public bodies created by executive order, including:
  • any advisory committee or commission appointed by the governor by executive order;
  • any department or division of the state;
  • any department or division of any political subdivision of the state;
  • any department or division of any county or of any municipal government;
  • any department or division school district;
  • any department or division of a special purpose district including but not limited to sewer districts and water districts; and other subdistricts of any political subdivision;
• any other legislative or administrative governmental deliberative body under the direction of three or more elected or appointed members having rulemaking or quasi-judicial power; and
• certain committees or advisory boards appointed by any of the above entities.
  Note: The custodian of records of any public governmental body shall maintain a list of the policy advisory committees described in this section.

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:
  • 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
    • 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.

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.

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 the next question, below.

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.

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.

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.

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.

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.

No, as a general rule, closed records are to be retained but made inaccessible to the public. Section 610.120, RSMo.