D. Public Policy and Interpretation

• Library: The Sunshine Law Guidebook (2019 Ed.)

D. Public Policy and Interpretation

1. Liberal Interpretation in Favor of Openness

Very few state statutes have a statement of purpose. Chapter 610, RSMo, has two. In 1987, the General Assembly added a statement of public policy to guide public bodies and the courts in interpreting the provisions of the Sunshine Law. Section 610.011, RSMo 2016. In § 610.011.1, the legislature declares that it is the policy of the state that all meetings and records of public bodies will be open unless otherwise provided by law. Therefore, the presumption is that records and meetings are open unless a specific exception can be found. Chapter 610 is to be liberally construed in favor of openness.

Even before the enactment of § 610.011, early interpretations of the Sunshine Law applied traditional rules of statutory construction and concluded that the Sunshine Law is remedial in nature and, therefore, should be construed broadly to correct the "evil sought to be cured." See, e.g., Mo. Op. Att'y Gen. 330-73 (1973) (quoting B-W Acceptance Corp. v. Benack, 423 S.W.2d 215, 218 (Mo. App. E.D. 1967)); Mo. Op. Att'y Gen. 10-75 (1975).

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