As Missouri Sunshine Law Turns 40, Changes Proposed

For the 40th anniversary of the Missouri Sunshine Law, Sen. Kurt Schaefer is pushing a bill to limit closed meeting discussions by public officials and make it easier to prove when violations have taken place.

Schaefer, R-Columbia, has sponsored some of the proposed changes to the state’s open-records law for each of the past two years and expects more action this year as lawmakers also address anti-terrorism exemptions that expired at the end of 2012…

Under Schaefer’s proposal, which has not been scheduled for a hearing, public bodies would be required to include summaries of closed-meeting discussions in the minutes of those meetings. In addition, closed meetings to discuss litigation or potential litigation could only take place after a lawsuit has been filed or after a credible threat of a lawsuit over a specific action has been received.

To make enforcement easier, government agencies or boards that violate the Sunshine Law would be hit with a mandatory fine of $100 rather than a discretionary fine of as much as $1,000. When a knowing violation is proved, the proposal awards attorney fees to the party bringing the enforcement lawsuit. Under current law, a judge is allowed to award attorney costs but not required to do so.

Enforcement now, Schaefer said, “is a fairly complicated process that I don’t know that government entities really fear.”

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