'04 revision brought Missouri's Sunshine Law into electronic age

With Missouri's Sunshine Law in use for the over three decades, it has undergone numerous changes.

Enacted in 1973, one year after the federal Freedom of Information Act, Missouri's law undergoes a major revamp every three to five years, according to Jean Maneke, a lawyer representing the Missouri Press Association.

"Most of the changes to the law are very positive," she said.

The most recent change was in 2004, which brought the law into the electronic age, she said. Among the changes were:

* Any meetings or votes conducted by telephone, video conference or the Internet are covered by the Sunshine Law.

* E-mail exchanges among a majority of a public body with four or more members, or all members with three members, are open to the public.

* All requests for records are to be provided in the format requested, if available.

* Electronic votes, with certain exceptions, are to be held with a quorum present in person.

Many of the changes to the law come from suggestions originating from other governmental bodies, such as the Missouri attorney general's office or the Department of Revenue, according to Maneke.

One of the changes in 2004 included a standard copying charge of 10 cents. Before that was included, someone wanting to make a copy in a government office may have paid as little as 5 cents or as much as $5, Maneke said.

Also in 2004, the law took a 1998 change that required minutes in open meetings a step further by requiring minutes in closed meetings.

But not all of the changes have made information more accessible to the public.

In 1998, the law designated 911 emergency records as closed, Maneke said. Incident reports, which are written up from the recordings, are open.

While Maneke sees Missouri's law as "pretty decent," she said she would like to see some changes.

Currently, there are no provisions in the law for the public to know of the candidates of public offices, such as city manager or school board superintendent. The public is not informed until after a decision has been made and the official hired.

Also, there is occasionally a gap between when a person wins an election and when they are sworn in. Sometimes before being sworn in, the elected hold a quorum and make decisions that are acted upon after they take office.

As they have not been sworn in, they do not have to abide to Sunshine Law requirements of informing the public of such meetings and decisions, according to Maneke.

"I don't think they should have those types of meetings without being sworn in," she said.

kmorrison@semissourian.com

335-6611, extension 127