Attorney General's News Release

August 10, 2004

Updated Sunshine Law booklet includes new laws passed by General Assembly in 2004

To order the booklet:

E-mail (include your name, mailing address and copies needed).

Or call: 1-800-392-8222.

Jefferson City, Mo. — Missouri Attorney General Jay Nixon has published a 76-page booklet (PDF file or html format) containing the newest updates to the state Sunshine Law. The updates to the law reflect several significant changes in Missouri law that take effect Aug. 28, one court ruling in 2003, and two new Attorney General opinions on openness in government records and meetings.

Nixon's office makes the booklet available at no charge to the general public, members of the Missouri media, and to state and local government officials. Orders for the booklet may be placed by e-mail (include your name, mailing address and number of booklets needed) or by calling 1-800-392-8222.

Several of the changes to the Sunshine Law in 2004 were based on proposals by Nixon's office to upgrade the law to deal with issues presented by new technology. One of those provisions makes it clear that meetings and votes conducted by phone, video conference or the Internet are covered by the Sunshine Law. Another change ensures that e-mails exchanged among a majority of a public body with four or more members, or among all members of a public body with three members, are open to the public, unless covered by a specific exception.

“Advances in technology for record-keeping and meetings do not change an underlying principle: the best government is a government that is open to the people,” Nixon says.

Other changes to the law in 2004:

• Secure the public's right to audiotape and videotape open meetings, and require public bodies to keep minutes of closed meetings.
• Clarify what public bodies can charge for search and copying, and cap fees for standard copies at 10 cents per page.
• Increase penalties for violations of the Sunshine Law but also provide that a member of a public body who properly objects to a vote by the body to close a meeting, vote or record has a defense against claims for violation of the Sunshine Law.

Also included in the new booklet is a ruling issued in 2003 by the Missouri Eastern District Court of Appeals that affects the Sunshine Law. The ruling in State ex rel. Moore v. Brewster says that a report on alleged misconduct by two school board members is a closed record as legal work product, but must be shared with all board members. Attorney fees were awarded against the board because of failure to appoint a custodian of records.

The booklet also lists case law and Attorney General opinions from previous years relating to the Sunshine Law, as well as several sample forms for posting meetings and for requesting records from public governmental bodies.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818