Show Me the Documents: They're Yours for the Asking

First, I am not attorney. Second, I am not providing legal advice. I am but a humble reporter.

It is not necessary, however, to be a lawyer or a member of the media to request government documents.

Anyone may request public records, according to the Missouri Sunshine Law.

For Missouri Watchdog, I file sunshine requests by email using the summary language provided online by theMissouri Attorney General’s Office. The website provides a helpful format to follow and many essential tips.

For starters, you’ll need to send your request to the government agency’s officially designated custodian of records. How do you figure out the name of the custodian of records for any given government agency?

It’s not necessary. I usually write “custodian of records” at the top of the email and send it either to someone in the public relations department or to a department head. The government employee who receives the email will usually forward the email to the custodian of records. If this doesn’t work, you may need to call and ask.

As the guidelines state, you will want to describe the records as specifically as possible. Plus, if you ask for digital copies, you might not be charged for printed copies. And yes, the government is allowed to charge you.

I always request the fees for gathering and copying the documents be waived, citing that the documents will serve the public interest and they are not for commercial interests. Sometimes this works. Often it doesn’t.

Therefore, I will also include a request for the agency to let me know in advance if any search or copying will exceed $150. Feel free to change the number to any amount you are willing to pay for the documents.

Here’s where you may start to run into problems. For example, the government agency may respond by saying it will cost thousands of dollars to reprogram a computer to access the data. Don’t let this discourage you.

I have negotiated the cost down numerous times and would be happy to help. In addition to contacting me by email at brhook@missouriwatchdog.org for advice, you may also want to contact the attorney general’s office.

Although the attorney general’s office is charged with enforcing the Missouri Sunshine Law, the attorney general also represents state agencies. Therefore, this remedy works better when dealing with a city or county agency.

As a last resort you may want to consider legal action. According to Section 610.027.1 of the law, any aggrieved person, taxpayer, resident of the state, or the attorney general may seek judicial enforcement of  the law.

If you want a document from a federal agency, you will need to follow the Freedom of Information Act.

Obtaining documents is only one element covered by the Missouri Sunshine Law. The law also covers when public meetings must be open and rules that govern access to law enforcement and judicial records.

The attorney general’s office also provides an 80-page booklet covering transparency in government.

And for fun, you may also want to test yourself by taking a sunshine law quiz online.

In the name of openness and transparency, I scored nine out of 11 on the quiz.

By Brian R. Hook, brhook@missouriwatchdog.org, (314) 482-7944

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