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When It Comes to the Sunshine Law, Mere Formalities Aren't Mere Formalities

posted May 26, 2011 9:40 AM by Joseph Gagnon
A high-profile ruling in Wisconsin today illustrates the importance to government entities of observing legal requirements to conduct business.  In that case, a judge struck down a sweeping,  high-profile law restricting collective bargaining rights for certain public employees because, in part, the meeting was held with less than the 2 hours notice required by law.

Many municipalities and local government bodies in Missouri--especially, although not exclusively, the smaller ones--pay minimal heed to procedural requirements of Missouri's Open Records Act, a/k/a the Sunshine Law.  Excuses range from a genuine lack of knowledge of the requirements to the dreaded "but that's not the way we've always done it" defense.  More often, elected officials that are accustomed to the informality that comes with governance of, say, a 300-person township view the technical requirements as heavy-handed formalities decreed by the Missouri General Assembly.

It can be understandable when a public body decides to move quickly or acts to minimize disruptions over controversial items.  There is a line that cannot be crossed, however, and the means to consider and conduct official business must conform to state law.  Hopefully the Wisconsin case can serve as a reminder to public officials to heed the law, and the legal advice of their lawyers, about the importance of observing those "mere formalities." 

For a good resource on the requirements of Missouri's Sunshine Law, check out Missouri Attorney General Chris Koster's Sunshine Law page.  If you want to see the Law applied to everyday situation, I suggest you check out the Sunshine in Missouri blog maintained by KC attorney Jean Maneke.