Legislator seeks to expand Sunshine Law

By Allie Blood

Published Feb. 26, 2008

Multiple pieces of legislation in the Missouri House would, if passed, shine light on Missouri’s Sunshine Law.

Two bills are being considered, both proposed by Democratic representatives in response to recent controversy regarding electronic communication and the state’s freedom of information act.

The first, sponsored by Rep. Jeff Harris, D-Columbia, would require documents received via mobile devices to become detained for public record and would raise fines for those who violate the Sunshine Law.

According to the bill, the term “mobile communication device” includes but is not limited to cell phones, BlackBerrys or personal data assistants.

Harris introduced similar bills in 2003 and 2004, which were supported by Attorney General Jay Nixon.

“The Sunshine Law already covers e-mails, but we wanted to make that doubly clear,” Harris said.

Harris said the bill also raises the maximum fine for violators from $1,000 to $5,000, in order to “put teeth” into the Sunshine law.

“I think this sends a message that this is a law that they should take seriously,” MU journalism professor Charles Davis said. Davis is the executive director of the National Freedom of Information Coalition, which promotes the freedom of the press and the public’s right to an open government. “People will think twice with a $5,000 fine hanging over their head.”

Harris said the extra fine money would probably go to Missouri’s general revenue.

According to Harris, his legislation was prompted by Gov. Matt Blunt’s administration. Blunt said earlier this year that his staff doesn’t save all e-mails, which sparked controversy.

Harris said he believes that e-mails are still the property of the citizens and saving them is part of the government’s job.

“It shouldn’t be burdensome, and it’s important for open government,” Harris said.

Rep. Jeff Roorda, D-Barnhart, proposed another bill that focuses on training employees on the law and which documents fall under it.

A news release stated that Roorda’s legislation is based upon a similar bill from Texas. This bill would require the attorney general to outline courses that instruct governmental employees on compliance with the Sunshine Law and overseeing that elected officials receive that training within 90 days of assuming their roles.

“Some elected officials are making a mockery of the Sunshine Law,” Roorda said in the release. “The law is intended to be a protection for our citizens against a corrupt government; instead, it has given them one more thing to be corrupt about.”

According to Davis, the Sunshine Law requires all public meetings and records to be accessible by the citizens. Some documents are exempt, including personnel records, banking records and homeland security documents.

The Missouri Attorney General Web site states all e-mails between governmental employees and committee members are subject to the Sunshine Law.