Missouri Sunshine Law Missouri Health Insurance Innovation Task

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Missouri Sunshine Law Missouri Health Insurance Innovation Task Force August 8, 2019

Missouri Sunshine Law Missouri Health Insurance Innovation Task Force August 8, 2019

Chapter 610 – Missouri’s Sunshine Law • “It is the public policy of this

Chapter 610 – Missouri’s Sunshine Law • “It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. Sections 610. 010 to 610. 200 shall be liberally construed to promote this public policy. ” Section 610. 011. 1, RSMo. • “Except as otherwise provided by law, all public meetings of public governmental bodies shall be open to the public as set forth in section 610. 020, all public records of public governmental bodies shall be open to the public for inspection and copying as set forth in sections 610. 012 to 610. 026, and all public votes of public governmental bodies shall be recorded as set forth in section 610. 015. ” Section 610. 011. 2, RSMo

Public Meetings • Important facts about public meetings: • ANY meeting where public business

Public Meetings • Important facts about public meetings: • ANY meeting where public business is discussed, decided, or public policy is formulated; • In PERSON, by TELEPHONE, by ELECTRONIC MEANS • Must give NOTICE of the meeting (610. 020), and must have a tentative AGENDA (610. 020). • Meetings must begin in OPEN session and may have CLOSED session (610. 020 and 610. 021). • Must have MINUTES for both open and closed sessions.

Key Definitions - Section 610. 010, RSMo • (3) “Public Business”, “all matters which

Key Definitions - Section 610. 010, RSMo • (3) “Public Business”, “all matters which relate in any way to the performance of the public governmental body’s functions, or the conduct of its business” • (4) “Public Governmental Body”, “any…governmental entity created…by executive order…. ” • (5) “Public Meeting”, “any meeting of a public governmental body subject to sections 610. 010 to 610. 030 at which any public business is discussed, decided, or public policy formulated…” • Includes meetings conducted in person and those conducted via conference call, video chat, internet message board • Doesn’t include informal gatherings for ministerial or social purposes • (6) “Public Record”, “any record, whether written or electronically stored, retained by or of any public governmental body…. ” • Includes reports, memorandums, studies prepared for the public governmental body by a consultant

Meeting Notice - 610. 020 • Advise the public • Time, date, location, tentative

Meeting Notice - 610. 020 • Advise the public • Time, date, location, tentative agenda • If not in-person: • Location for public access • Instructions for access • At least 24 hours ahead, unless good cause • Must allow for recording of meetings • If there is an intent to close part of the meeting, must provide notice and a reason for closure (Section 610. 021)

OPEN or CLOSED? ØIf no specific basis to close in the law, MUST be

OPEN or CLOSED? ØIf no specific basis to close in the law, MUST be open. ØMust allow recording. ØOpen for attendance, not guaranteed and unlimited participation. ØRules, statutes, public discipline OPEN ØMust cite SPECIFIC authority (610. 021) on notice and in motion. ØRoll call vote. ØPersonnel, legal advice, legal actions, testing, competitive bidding, records protected by law, personal identifying information. CLOSED

VOTES – 610. 015 • ALL votes must be recorded. • Voice Vote –

VOTES – 610. 015 • ALL votes must be recorded. • Voice Vote – OPEN and adjourn. • Roll Call – going into closed, getting out of closed.

E-mail • If you send an e-mail about public business you should also copy

E-mail • If you send an e-mail about public business you should also copy Debbie Goeller at Debbie. Goeller@difp. mo. gov • Do not copy all; Sunshine Law requirements kick in when you send to two or more members. • REPLY ALL” to email – can constitute a meeting subject to the Sunshine Law! • Messages about public business ARE a public record and maintained by the custodian of records unless they fall into an exception as outlined in section 610. 021.

Minutes • The task force “speaks” through its records and minutes. • Must include:

Minutes • The task force “speaks” through its records and minutes. • Must include: • Date, time, place • Members present and absent • Votes taken; roll call votes must be attributed.

Sunshine Law Requests • The Department is the custodian of records (610. 023) •

Sunshine Law Requests • The Department is the custodian of records (610. 023) • Records are available for inspection and copying (610. 023). • Requests acted upon within three business days (610. 023). • If a record has both open and closed information, must redact the closed and give the open (610. 024). • Can charge fees for requests (610. 025). • Transparency Policy – 37. 070 – Each State Department’s policy is to carry out its mission with full transparency to the public • Contact Lori Croy, Director of Communications, about requests for records. • Lori. Croy@difp. mo. gov • 573 -751 -1926

Sunshine Law Violations • Knowing Violations • • Preponderance of the evidence. Civil penalty

Sunshine Law Violations • Knowing Violations • • Preponderance of the evidence. Civil penalty up to $1, 000 Costs and attorney’s fees Amount based on: • Size of jurisdiction • Seriousness of offense • Previous violations • Purposeful Violations • • Preponderance of the evidence. Civil penalty up to $5, 000 Costs and attorney’s fees Amount based on: • Size of jurisdiction • Seriousness of offense • Previous violations.

Questions? • Everyone should have a copy of the Missouri Sunshine Law booklet. •

Questions? • Everyone should have a copy of the Missouri Sunshine Law booklet. • If a question comes up…ask!