Sunshine In The Forecast

Every so often, I like to take some time and review Missouri’s open meetings law.  That law is commonly referred to as “The Sunshine Law”.  In general, it sets the rules as to when a public body may close a meeting to the public.  As a rule, meetings MUST be open unless specific topics are being dealt with or discussed.  By law, those specific topics are “strictly interpreted” meaning that a public board or council does not have any room for interpretation.

Below are the only times a meeting MAY be closed - (note I said may, because the law allows, but does not require, the meeting to be closed).  Emphasis is mine.

• Legal actions, causes of action or litigation (except that votes, minutes and settlement agreements must be opened to the public on final disposition, unless ordered closed by a court).

• Leasing, purchase or sale of real estate where public knowledge might adversely affect the amount paid in the transaction.

• Hiring, firing, disciplining or promoting a particular employee.

• Welfare cases of identifiable individuals.

• Software codes for electronic data processing.

• Individually identifiable personnel records.

• Records related to existing or proposed security systems.

• Records that are protected from disclosure by other laws.

As an extra bonus, law makers who created the law also put in place civil penalties for individual members of the public governmental body.  In other words, if I KNOWINGLY violate the law, I can face a penalty of up to $1000.  If I PURPOSELY violate the law, that penalty jumps to $5000.  There are also provisions for paying legal fees.

I’ll be posting more on the Sunshine Law over the next few days, but for now, take a minute and review the Attorney General’s website.  While you’re there, take the quiz.  I got 8 out of 10 on it today.  That tells me I’ve got some studying to do.  Luckily, I’ve got 4 others to keep me inline plus a city clerk who is quite a scholar on the topic herself (enough so I often throw hypotheticals her way).

Until next time…enjoy the weather…and pay attention to the Sunshine!