Open Records

Missouri’s public records law is the Missouri Sunshine Law, enacted in 1973 and codified at Chapter 610 of the Revised Statutes of Missouri (RSMo). It establishes a strong policy that all meetings, records, votes, actions, and deliberations of public governmental bodies must be open to the public unless specifically exempted – the law is to be liberally construed in favor of openness, with exceptions strictly interpreted.

Who can request records

Any person may request records – Missouri residency is not required, and no stated purpose is needed.

What’s covered

The law defines public records broadly to include any content retained by or of a public governmental body, regardless of physical or digital format – this covers everything from traditional paper records to emails and modern mobile messaging.

How to request

Submit a request to the custodian of records for the relevant public body – many agencies provide an online form, but a request can be made in other written forms too.

Response timeline

The custodian of records must act on a request as soon as possible, but no later than the end of the third business day after receipt (the day the request is received doesn’t count as one of the three days). A valid response is one of: providing the records, informing the requester that the records are closed (citing the specific legal provision), or explaining the cause of a delay and estimating when records will be available. The production period can extend beyond three business days for reasonable cause, as long as the agency communicates a specific timeline.

Fees

– Standard paper copies: up to $0.10/page. – Staff time for research/retrieval: the average hourly rate of the lowest-salaried employee capable of doing the work – agencies must use the lowest-salaried qualified staff, not just whoever is convenient. – Non-standard media or copies: actual cost. – Notably, Missouri courts have held that attorney review time is NOT among the fee categories the Sunshine Law allows agencies to charge for – a 2022 Missouri Supreme Court case (Gross v. Parson) confirmed the Governor’s Office couldn’t pass attorney review costs on to a requester. – Requesters can ask for an itemized cost breakdown and can request a fee waiver, though waivers are discretionary.

Exemptions

Major exempt categories include personnel and employment records, legal actions and litigation strategy, real estate purchase negotiations, sealed bids, medical and mental health records, law enforcement investigative reports (until an investigation becomes inactive), testing and examination materials, records that could endanger public safety or security systems, and individually identifiable personal records.

If your request is denied

Missouri has real enforcement teeth: for inadvertent violations, penalties run up to $1,000 for an individual or agency; for purposeful/knowing violations, penalties can reach $5,000. Courts weigh the size of the jurisdiction, prior offenses, and the gravity of the violation when setting penalties. A requester can pursue the matter in court, and the Missouri Attorney General’s office publishes guidance and FAQs to help with the process.

A note on terminology

Missouri’s law is officially the “Missouri Sunshine Law” – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).