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Topic: Sunshine law


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In the News (Tue 2 Dec 08)

  
  Summary of the Missouri Sunshine Law
Missouri’s commitment to openness in government is clearly stated in Section 610.011 of the Sunshine Law: “It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law.
The Sunshine Law governs the actions of public governmental bodies, which are defined as legislative, administrative or other governmental entities created by the constitution or statutes of this state, or by order or ordinance of any political subdivision or district as well as judicial entities when operating in an administrative capacity.
Law enforcement records are subject to separate provisions of the Sunshine Law.
www.ago.mo.gov /sunshinelaw/sunshinelaw.htm   (1433 words)

  
  First Amendment Foundation
The Sunshine Law prohibits meetings between a member of a public body and an individual who is not a member when that individual is being used as a liaison between, or to conduct a de facto meeting of, other members of the public entity.
The Sunshine Law is applicable to investigative inquiries of public agencies, and the fact that a meeting concerns alleged violations of law or regulations does not remove it from the scope of the Law.
Sunshine Law policy on collective bargaining for public employees is divided into two parts: when the public employer is meeting with its own side, it is exempt from the Sunshine Law; when the public employer is meeting with the other side, it is required to comply with the Law.
www.floridafaf.org /pktguide.htm   (2785 words)

  
 Library - Sunshine Law and Advisory Committees
The comprehensive application of the Sunshine Law to discussions of public business was guaranteed when the courts determined that the law applies to any gathering of two or more members of a public board when those members meet to discuss any matter on which foreseeable action may be taken.
The broad scope of the Sunshine Law to the decision-making process was further secured when the Florida Supreme Court announced that in addition to traditional elected or appointed governing boards such as school districts or state licensing boards, the Sunshine Law also applied to advisory boards created by public agencies.
Advisory boards created by law or ordinance or otherwise established by public officials are subject to the Sunshine Law even though their recommendations are not binding on the entities that created them.
www.flcities.com /membership/library_sunshine_advisory.asp   (1074 words)

  
 Florida Press   (Site not responding. Last check: 2007-09-17)
Florida's "Government in the Sunshine Law" requires that all meetings for the transaction of official business by all public boards and agencies at all levels of government must be open to the public at all times in the absence of a specific statutory exemption.
The Sunshine Law is generally limited to collegial bodies whose members share equal authority and act through the concurrence of two or more members.
The Government in the Sunshine Law may be enforced by any citizen of Florida by seeking injunctive relief in the circuit court.
www.flpress.com /fpa_members/sunshine_law.html   (419 words)

  
 "SunShine Law"   (Site not responding. Last check: 2007-09-17)
The law was amended in 1992 to provide that a governing board or agency may hold an emergency meeting with less than 24 hours notice but must give such notice of the meeting and the subjects expected to be considered as is reasonable, including notice to the legal organ or newspaper.
The law states that the charges for finding and segregating the records that were requested must be based on the rate of pay of the lowest paid employee capable to search for and organize those records.
As enacted, the law states that "at least 14 calendar days prior to the meeting at which final action or vote is to be taken for the position, the agency shall release all documents which came into its possession with respect to as many as three persons..." considered finalists for the job.
www.carltoncorbitt.com /sunshine_law.htm   (4188 words)

  
 State of Hawaii - Office of Information Practices
Sunshine law applies to meeting of standing or select committee of board of regents of University of Hawaii.
The meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held.
Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants.
www.hawaii.gov /oip/sunshinelaw.html   (4683 words)

  
 Sunshine law application to zoning hearing board deliberations and decisions : Technical Assistance - Pennsylvania Land ...
The ZHB argued that since the actual "decision" was made in public session, any violation of the Sunshine law was corrected.
The Sunshine Act defines 'Deliberations" as the "discussion of agency business held for the purpose of making a decision." "Official Action" is defined as "decisions on agency business made by the agency" and "the vote taken by any agency on any motion (or) proposal¼" 65 Pa.C.S. Section 703.
The ZHB had argued that Section 708 of the Sunshine Act permitted executive sessions to "review and discuss agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law, including¼quasi-judicial deliberations".
www.landuselawinpa.com /court/sunshine2.html   (620 words)

  
 Welcome to the Committee on Open Government
Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.
Any provision of a charter, administrative code, local law, ordinance, or rule or regulation affecting a public body which is more restrictive with respect to public access than this article shall be deemed superseded hereby to the extent that such provision is more restrictive than this article.
Any provision of general, special or local law or charter, administrative code, ordinance, or rule or regulation less restrictive with respect to public access than this article shall not be deemed superseded hereby.
www.dos.state.ny.us /coog/openmeetlaw.htm   (1063 words)

  
 State of Hawaii - Office of Information Practices
Sunshine law applies to meeting of standing or select committee of board of regents of University of Hawaii.
The meeting shall be canceled as a matter of law, the chairperson or the director shall ensure that a notice canceling the meeting is posted at the place of the meeting, and no meeting shall be held.
Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants.
www.state.hi.us /oip/sunshinelaw.html   (4673 words)

  
 SAC - Sunshine FAQ
The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members.
No. The Sunshine law requires that meetings of public boards or commissions be "open to the public at all times." Thus, use of pre-assigned numbers, codes or secret ballots would violate the law.
The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken.
florida-family.net /SAC/sunshine-faq.htm   (2309 words)

  
 SUMMARY OF CHANGES TO SUNSHINE LAW
All roll call votes taken in public meetings where all members are elected officials, except for meetings of the General Assembly or a committee established by a public body or meetings called due to an emergency, shall consist only of members who are physically present and in attendance at the meeting.
City Council member who votes against holding a closed meeting may state his or her objection on the record and if there is a violation of the Sunshine law, the objection is an absolute defense.
If such public body, law enforcement agency, officer or member commits a knowing (have knowledge) violation of the Law, the public entity, law enforcement agency, officer or member shall be subject to a civil penalty of up to $1,000 and the court may award costs and attorney fees.
www.moalpha.org /docs/news/sunshine_law.html   (877 words)

  
 OSBA - Law You Can Use
These statutory laws are based on the notion that there should be "openness" in government, with public access to records and meetings and the conduct and activities of government.
A.: This law essentially requires all public bodies to take all official actions and hold all deliberations on official business in meetings that are open to the public.
If access to records or meetings is denied, it is often the press that will commence "mandamus" actions in Ohio's courts to enforce rights under the Sunshine Laws (a "mandamus" court action asks a judge to "mandate" or order a government agency to make records or meetings open and public).
www.ohiobar.org /pub/lycu/index.asp?articleid=225   (739 words)

  
 Law.com - Sunshine Issue at Play in Firing of Florida Worker
The statute, he notes, says that meetings at which official acts are to be taken "are declared to be open to the public at all times." The county argues, however, that its charter specifically puts personnel matters under the authority of the county administrator, not the County Commission, King said.
He held that the pre-termination panel did not fall under the Sunshine Law because its members were not advising elected officials.
The elected county commissioners were not involved in the firing decision and the Sunshine Law doesn't apply to meetings of executive employees, Wroble said.
www.law.com /jsp/article.jsp?id=1065640806036   (1179 words)

  
 Freedom of information legislation - Wikipedia, the free encyclopedia
In general, such laws define a legal process by which government information is available to the public; In many countries there are vague constitutional guarantees for the right of access to information, but usually these are unused unless specific legislation to support them.
In many countries, privacy or data protection laws may be part of the freedom of information legislation; the concepts are often closely tied together in political discourse.
In Paraguay, the law protect the "habeas data" that means that any citizen can request a copy of the info related to him in public or private offices, and request to be destroyed if it founded inaccurate.
en.wikipedia.org /wiki/Sunshine_law   (3875 words)

  
 State: Sunshine Law isn't always illuminating
Florida's open records law, Chapter 119, is considered one of the most progressive in the country.
Under that law, all documents dealing with government business are presumed open unless there is an explicit exemption.
A law of that nature, she said, could have kept from view the videotape showing guards at a Panama City boot camp beating a 14-year-old youth who later died.
www.sptimes.com /2006/03/12/State/Sunshine_Law_isn_t_al.shtml   (698 words)

  
 Missouri Sunshine Law
Missouri's Sunshine Law is the embodiment of Missouri's commitment to openness in government.
The Missouri Sunshine Law portion of the Attorney General's website is a resource to help Missourians understand Missouri Sunshine Law and its implications for Missouri's public and quasi-public governmental bodies, members of those bodies, those that conduct business with a public governmental body and private citizens.
Court decisions and Attorney General opinions that are relevant to the interpretation of Missouri Sunshine Law.
www.ago.mo.gov /sunshinelaw   (341 words)

  
 WHAT IS THE SCOPE OF THE SUNSHINE LAW
I. What is the scope of the Sunshine Law?
The law is applied to any gathering of two or more members subject to the Sunshine requirements to discuss some matter which will foreseeably come before the governing board for action.
Sunshine Law applies to deliberations and discussions between two or more members of the peer review panel when those two members are discussing some matter which will foreseeably come before the SFWMD for action on the minimum flow and level for action.
www.sfwmd.gov /org/erd/bsfboard/sunshine.html   (407 words)

  
 The Sunshine Coalition Web Page - Editorials
Currently the Sunshine Law requires that government decision-making occur openly, unless, due to "public necessity," an exemption is passed by a simple majority vote in the legislature.
In the 1970s, the Sunshine Law was enacted to expand the realm of open government to include public meetings held by most government agencies.
Over the years more than 850 exemptions to the Sunshine Law have been passed, keeping the public in the dark about issues that are commonly of great relevance to their lives.
www.sunshinecoalition.info /editorials.htm   (10365 words)

  
 Privacy Policy - The Official Web site Of The Missouri Lottery
State laws and good business practices prevent us from redistributing any information that you may send to us via e-mail, by entering a Web-based (on-line) promotion form or subscribing to receive any of our print or e-publications unless the Lottery receives a valid Sunshine Law request.
These addresses are not redistributed to third parties unless it is a valid Sunshine Law request, and they are used only to respond to your inquiry or request.
As a state governmental agency, the Missouri Lottery is subject to Chapter 610 of the Revised Statutes of Missouri, commonly known as the Sunshine Law.
www.molottery.com /privacypolicy.shtm   (914 words)

  
 FSNE - Sunshine Sunday
The Sunshine Law requires any meeting of two or more members of a governing board, elected or appointed, to be held in the public and announced ahead of time.
Every day, the Sunshine and Public Records laws work for you and me. You can go to a meeting of the Board of County Commissioners and not have to say why you are there or even tell anyone your name.
The Sunshine Law covers just about any gathering of two or more members of the same public board, whether elected or appointed, where discussion occurs regarding a matter the board could act on in the future.
www.fsne.org /sunshine/staugustine.shtml   (2076 words)

  
 SUNSHINE Week - Sunshine Week 2006: Your Success Stories
The Sunshine Week initiative is increasing public awareness, it's coming up more often in policy conversations, and the efforts of participants are being cited as real forces for moving the public away from simply accepting excessive and unwarranted government secrecy.
Shortly before we published it, a council member and mayoral candidate proposed her own 'sunshine' law that was anything but.
As it did the year before, The Oklahoman used the Sunshine Week icon on each article and news brief during Sunshine Week that was based on meetings—which worked out to about 7 in 10 articles.
www.sunshineweek.org /sunshineweek/success06   (1107 words)

  
 Sunshine law breif
Yendes informed plaintiff that certain portions of the policy and procedures for the police would be held closed according to the sunshine laws.
Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.
It would be more of a crime deterrent for the criminal public to know the efficiency at which law enforcement works; and, after all, aren’t the police in the business of preventing crime, not creating an atmosphere that would tend to falsely lead a prospective criminal into an unlawful act.
www.plf.net /motions/sunshineleebrief.htm   (1836 words)

  
 FL Blind, Employer's Services
2d 1099 (Fla. 3d DCA 1997), the district court determined that a committee (composed of staff and one outside person) that was created by a college purchasing director to assist and advise her in evaluating contract proposals was subject to the Sunshine Law.
2d 1168 (Fla. 2d DCA 1999) (committee charged with evaluating proposals violated the Sunshine Law when the city clerk unilaterally tallied the results of the committee members' individual written evaluations and ranked them; the court held that the "short-listing was formal action that was required to be taken at a public meeting").
            The Sunshine Law is applicable to meetings between a board member and an individual who is not a member of the board when that individual is being used as a liaison between, or to conduct a de facto meeting of, board members.
www.myflorida.com /dbs/bep/minutes/sunshine.html   (4916 words)

  
 Sunshine Week
During Sunshine Week—which is led by the American Society of Newspaper Editors and supported by a grant from the John S. and James L. Knight Foundation—media organizations, civic groups, libraries, schools, non-profit organizations and others nationwide participate in coverage of and discussions about the importance of protecting public access to government.
Sunshine Week is a national initiative to open a dialogue about the importance of open government and freedom of information.
Sunshine Week is led by ASNE and is funded by a grant from Knight Foundation.
sunshineweek.blogs.com /my_weblog   (3138 words)

  
 SUNSHINE Week - Sunshine Week Showcase 2005, Page 2
Tuesday, March 15: Noting that Sunshine Week "is intended to sound the warning that national security concerns must not lead Americans to give up their rights to observe and evaluate the performance of those we selected to govern us," editorial includes quotes from famous people on the issue.
Editorial notes Sunshine Week is a time to "urge an end to furtive secrecy that diminishes the public's ability to weigh government policy and performance, whether in matters of war and peace, or potholes and salaries."
Law spells out what kind of access is provided to school records.
www.sunshineweek.org /sunshineweek/states1   (3889 words)

  
 Buchanan Ingersoll Provides Sunscreen: Defending Private, Non-profit Hospital from Sunshine Laws
These laws are generally intended to provide public access to government meetings in the interest of freedom of information.
The City and HFA claimed that this lease arrangement rendered the hospital a private organization "acting on behalf" of a public agency (the City) and thus exposed the hospital to the requirements of the sunshine and public records laws, a position originally adopted by the trial court.
Citing this new statute, Buchanan Ingersoll persuaded the Sixth Judicial Circuit in and for the County of Pinellas, Florida to reconsider its earlier ruling exposing the Tarpon Springs Hospital Foundation to the rays of sunshine and the glare of its for-profit competitors.
library.findlaw.com /2001/Jan/1/128109.html   (746 words)

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