Koster discusses Sunshine Law at MU

The Sunshine Law's purpose is to open government records to the public.

By Will Guldin

Published March 12, 2009

Correction appended

Making the distinction between what should be public knowledge and what should be private information is a problem faced at all levels of government.

At the Reynolds Journalism Institute on Thursday, members of the Missouri Sunshine Coalition and several other speakers discussed how to raise awareness about the Sunshine law.

The Missouri Sunshine Law states that any meetings, votes, records or actions taken by a governmental body should be open to the public. The law says records may be closed if they deal with someone's personal information, security issues or ongoing legal matters.

Mike Wood, Missouri State Teachers' Association governmental relations director, said the law is something journalists use to obtain information about public government actions, but he said this does not mean the law shouldn't interest average citizens.

"It's important for more than the media to be involved in promoting the sunshine law," Wood said. "While the media certainly has a role in informing their readers and listeners to the work that government organizations do, its equally important for open government to work with individuals."

Attorney General Chris Koster, who was one of the speakers at the event, said the wording of the law made it difficult for local governments to know how to comply with Sunshine requests.

"I think that people want to comply with this law generally speaking, and our office is there to encourage that," Koster said. "I think the vast majority of violations occur out of ignorance and not out of malice."

Creve Coeur City Councilwoman Laura Bryant said a request for an advisory opinion from the attorney general's office five years ago led to many improvements in how her city stores its records and handles public information.

"It's been a struggle, and we have learned a lot and greatly improved our procedures," Bryant said. "We also changed the technology system we had in place concerning e-mails and there are a lot things that are now done right."

Bryant said stories like Creve Coeur's might educate more people about the law and encourage compliance.

"Part of the problem with the Sunshine Law issue is that people tend to think it is always negative," Bryant said. "Very rarely do you hear stories about where people are doing it right."

Koster said in order to help make the law easier to understand, changes should be made to some sections. He said one section of the law, which defines the term "record," was originally written in 1972. He said this definition fails to take into account new forms of communication.

"We are quickly approaching a time when it may be appropriate for the General Assembly to provide modern guidance on modern communications realities so that no longer you or us in the government have to speculate on what the law means," Koster said.

Charles Davis, the executive director of the National Freedom of Information Coalition, said Koster's remarks encouraged him, and said he hopes government continues to become more open so the average person can access the resources they need.

"I like to think that everyone, at least once in their life, will have a desperate and burning need for a public record, and if they go to get that information and it is not there -- and their need is not fulfilled -- then all the work we have done won't matter," Davis said.