MIRMA SPRING TRAINING 2014

PRESENTED BY JANE DRUMMOND

EMPLOYEES AND THE SUNSHINE LAW

EMPLOYMENT PRACTICS UPDATE

Employees and the Sunshine Law

Chapter 610, RSMoAuthorizes public governmental bodies to

close certain meetings and records Permissive, not mandatory

Employees and the Sunshine Law

Section 610.021(3) authorizes closure of records and meetings re: Hiring, firing, disciplining or promoting of

particular employees . . . when personal information about the employee is discussed or recorded. Personal information relates to performance or merit of

individuals Any final vote shall be made public (with a record

of roll call votes) within 72 hours Employee entitled to prompt notice before the decision is

made public

Employees and the Sunshine Law

Section 610.021(13) authorizes closure of records and meetings re: Individually identifiable personnel records,

performance ratings or records pertaining to employees or applicants for employment Does not apply to names, positions, salaries and lengths

of service

Employees and the Sunshine Law

Procedure for closing meetings:Section 610.022:Subsection 1 requires public vote to close, with

public announcement as to specific sections authorizing closure and entry in minutes

Subsection 2 requires public governmental body to post agenda indicating any intent to close, with reference to specific sections authorizing closure

Subsection 3 says officials can only discuss matters relating to the stated reason for closure

Employees and the Sunshine Law

Penalties:Sections 610.027.3 and .4

Civil Money PenaltiesSection 610.027.5

Upon finding a violation, “a court shall void any action taken”

If it finds that the public interest in enforcing the Sunshine Law outweighs the public interest in sustaining the action

Employees and the Sunshine Law

What does this all mean?

Improper closure of a meeting at which termination is discussed can result in

reinstatement of the employee

Employees and the Sunshine Law

Questions?