Back in December, we wrote a column optimistic that 2013 would be the year the Missouri Legislature finally would approve some significant reform to the state’s Open Meetings and Records Act, also called the Sunshine Law.
That optimism was heightened when Sen. Kurt Schaefer, R-Columbia, introduced legislation proposing what we considered some significant improvements to the Sunshine Law.
The legislation, Senate Bill 122, was read twice, and after a hearing, was voted “do pass” by the Senate’s Judiciary and Civil and Criminal Jurisprudence Committee.
Unfortunately, that was the final action taken on SB 122.
Schaefer’s legislation — while not the panacea hoped for by the Call — proposed several significant revisions to the Sunshine Law, including:
The law currently requires public bodies to provide notice of meetings to members of the news media who request such notices.
As proposed, the bill would have required public bodies to also provide such notice to any member of the public who requests it.
Under the law, public bodies currently are required to provide notice of meetings 24 hours in advance.
SB 122 proposed to change the time to 48 hours, with the exception of the General Assembly, which must continue to provide 24 hours’ notice.
In legal proceedings against a public body alleging a Sunshine Law violation, the current law requires the person bringing the action to demonstrate the body is subject to the law and conducted a closed meeting.
Then the burden is on the body to demonstrate compliance with the law. SB 122 seeks to remove that language and provides there is a presumption a meeting, record or vote is open to the public.
As proposed, the burden would have been on the body to prove that a meeting, record or vote may be closed.
Of course, among those opposing the legislation were organizations representing cities and counties — not residents who often have difficulty obtaining access to what’s supposed to be public information.
When they’re campaigning for election or re-election, our elected officials give a lot of lip service about strengthening the Sunshine Law. But their inability to adopt any significant reforms to the law proves they’re just flapping their gums.
In the meantime, Missouri citizens are left in the dark with one of the weakest Sunshine Laws in the nation.
