Missouri Sunshine Law

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The Missouri Sunshine Law is meant to give light to important government issues in the state. Gfp-missouri-st-louis-arch-sun-sky.jpg
The Missouri Sunshine Law is meant to give light to important government issues in the state.

The Missouri Sunshine Law is the common name for Chapter 610 of the Revised Statutes of Missouri, the primary law regarding freedom of the public to access information from any public or quasi-public governmental body in the U.S. state of Missouri. [1]

Contents

History

The Missouri legislature passed the statute in 1973 to ensure that the state government would be open and accountable, in the spirit of the 1967 Freedom of Information Act, which governs records requests to the federal government. [2]

The statute has been changed several times, most recently in 2017. [3]

The law gained attention during the 2020 COVID pandemic, when it was used to reveal personal information about people who reported alleged lockdown breaches. [4]

Summary

Criticisms

Lack of enforcement

In a 2014 interview with St. Louis Public Radio, Jean Maneke, a consulting attorney for the Missouri Press Association, has expressed that the law's biggest shortcoming is a de facto lack of enforcement, saying "even though the law does have enforcement provisions in it, but it is a very difficult law to enforce." In the same article, Chris McDonald (the author), explains how in another investigation he had to wait 60 day to receive documents from a Sunshine requests (20 times the delivery goal set in the statute). [20]

Requests to agencies of the state's government are even less likely to followed through on as the Missouri Attorney General's office is not likely to prosecute state agencies because they are their "clients." Complainants who have problems requesting from state agencies have been told to "contact a private attorney" instead of having the Attorney General pursue for them. [21]

Cost to public

In a 2021 interview with The Joplin Globe, Jean Maneke, a consulting attorney for the Missouri Press Association called the cost of access "the No. 1 obstacle to the public" in accessing the files made public through the law, saying "when a requester cannot specifically identify what record is sought, it hinders fast location of that record, which drives up the 'search' portion of the cost." [22]

There have been attempts to raise the cost of access for getting and searching for documents through sunshine requests. [23]

Further reading (external links)

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References

  1. 1 2 "Sunshine Law". Missouri Attorney General's Office. Retrieved 17 June 2021.
  2. "Missouri FOIA Laws". National Freedom of Information Coalition. National Freedom of Information Coalition. Retrieved 17 June 2021.
  3. "Revised Statutes of Missouri, RSMo Section 610". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  4. "900 Missouri residents who 'snitched' on lockdown rule-breakers fear retaliation after details leaked online". Independent.co.uk . 4 May 2020.
  5. "Revised Statutes of Missouri, RSMo Section 610.011". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  6. "Revised Statutes of Missouri, RSMo Section 610.015". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  7. "Sunshine Law: Missouri's Open Meetings and Records Law; Sections 610.010 to 610.028, RSMo" (PDF). University of Missouri Extension. University of Missouri.
  8. "Revised Statutes of Missouri, RSMo Section 610.020". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  9. "Revised Statutes of Missouri, RSMo Section 610.035". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  10. "Revised Statutes of Missouri, RSMo Section 610.021". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  11. "Revised Statutes of Missouri, RSMo Section 610.100". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  12. Scmitt, Eric. "Missouri Sunshine Law: Open Meetings and Records Law" (PDF). Missouri Attorney General's Office.
  13. "Revised Statutes of Missouri, RSMo Section 610.022". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  14. 1 2 3 "Revised Statutes of Missouri, RSMo Section 610.023". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  15. "Revised Statutes of Missouri, RSMo Section 610.025". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  16. 1 2 "Revised Statutes of Missouri, RSMo Section 610.026". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  17. "Revised Statutes of Missouri, RSMo Section 610.029". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  18. "Revised Statutes of Missouri, RSMo Section 610.027". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  19. "Revised Statutes of Missouri, RSMo Section 610.028". Missouri Revisor of Statutes. Missouri Revisor of Statutes. Retrieved 17 June 2021.
  20. McDonald, Chris (18 March 2014). "Let The Sunshine In: Missouri Law On Open Records Lacks Teeth, Critics Say". St. Louis Public Radio. St. Louis Public Radio. Retrieved 17 June 2021.
  21. Weinberg, Tessa (18 March 2022). "Loophole means Attorney General rarely enforces Missouri Sunshine Law on state agencies". Missouri Independent. Missouri Independent. Retrieved 29 September 2022.
  22. Younker, Emily (13 March 2021). "The 5 Q's: Jean Maneke explains Missouri's Sunshine Law". The Joplin Globe. The Joplin Globe. Retrieved 17 June 2021.
  23. Weinberg, Tessa (6 May 2022). "Lawmakers debate changes to Missouri Sunshine Law that would conceal more records". Missouri Independent. Missouri Independent. Retrieved 29 September 2022.