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?