FAQs – Public Government Body
How much can a public governmental body charge for records requests?
Our board goes in to closed session and we don’t know what they are going to talk about. Don’t they have to let us know why they are closing the meeting?
I was told my request would be ready in 2 weeks. Doesn’t the Sunshine Law say they have to give me the records in 3 days?
Can a public governmental body add items to the agenda after it has been posted?
Members of the board get together and talk about business outside of meetings. Is that a violation?
Board members e-mail each other about public business – is that considered a meeting?
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.
A requestor refuses to use our request form and sends numerous e-mails with requests for records. Can we require that they fill out our standard request form?
Who can impose penalties for Sunshine Law violations?
How may we state our motion when we want to enter into a closed session?
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).
Who is subject to the Sunshine Law?
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.
- has as its primary purpose to:
FAQs – Law Enforcement
Should a juvenile’s name be redacted from a police report before being released pursuant to a Sunshine Law request?
Are criminal records related to a case with a suspended imposition of sentence open or closed records?
Section 610.105, RSMo.