"Sunshine Act" is a nickname for the Missouri Open Records Law, Chapter 610, RSMo (see REFERENCES section), which requires governmental agencies to conduct business in a manner open and accessible to all citizens. This law stipulates that governmental agencies shall make their records available to the public. The vast majority of MoDOT records may be shared with the public upon request. Some information, however, should not be released. The Sunshine Act Open Records Policy and Procedure provides step-by-step instructions for department employees to respond to requests for information. What types of information cannot be released? The statutes recognize that to protect individual, public, and departmental interests, some records should not be released. The statutes specifically identify the types of records that should be closed. Why are fees charged? Many documents are developed by the department to help inform our customers. Maps, brochures, and news articles usually are provided free of charge. In fact, MoDOT encourages distribution of these materials. Many records are originals, however, and copies must be made for sharing with the public. The only fair practice in this case is to charge the actual cost to locate and reproduce the documents. The following procedure explains how fees are to be calculated and collected. PROCEDURE All documents retained by MoDOT are public records. Aside from a few exceptions, the open records law requires governmental agencies to share these records with the public. Many documents retained by MoDOT were created for educational purposes such as maps, brochures, and news releases. Other records are so routine that there would rarely be a reason not to release them. Under the DOCUMENT LIST section are frequently requested routine and educational documents, all of which may be released without further review. Requests for records that are not on the document list must be sent to the secretary to the commission and reviewed by MoDOT's Risk Management Division and chief counsel's office to determine if the records can be released. Records and documents held by MoDOT that originate from other agencies (FHWA, FAA, AASHTO, etc.) are subject to the open records law. However, the source agency may have current editions readily available. If a request includes publications and manuals produced by other agencies, provide the requester with the name and address of the agency that produces the documents. I. Requests for Documents on the Document List MoDOT districts and divisions may respond to requests for documents that are shown on the document list without review of the Risk Management Division or the chief counsel's office. The district/division receiving the request will:                                1. Determine if a fee is to be charged.                                2. Collect the fee.                                3. Send the records. The law allows MoDOT to collect reasonable fees for locating and reproducing records that are provided to the public. The law also allows the fees to be waived or reduced if the documents will contribute to the public's understanding of the operation or activities of MoDOT. Some of the documents on the list have fixed prices; some are free. The remaining documents may have a fee which can be calculated as outlined in the FEES AND PAYMENT section. Fees under $10 may be waived. When the fee is waived or the documents are free, the documents will generally be sent to the requester within three business days after the request is received. If the fee is not waived, payment must be made before the records are released. Should a request include documents that are on the document list, as well as documents that are not on the list, the division/district will (1) send the requester those documents that are on the list, and (2) forward the request to the secretary to the commission for consideration of the remaining items. II. Requests for Documents Not on Document List A. Written Request Required Requests for information or documents that are not included on the document list must be in writing and must be directed to the secretary to the commission. Written requests addressed to an individual within MoDOT other than the secretary to the commission may be forwarded to the commission secretary's office. The written request may be in the form of a letter or a completed Records Request Questionnaire. B. Response by Secretary to the Commission Within 72 hours of receipt of the request, the secretary to the commission will either acknowledge receipt of the request or will ask the requester to clarify the request. The secretary to the commission will then route the request to the Risk Management Division. C. Review by Risk Management Division The Risk Management Division checks its records to determine whether there is any pending claim or litigation pertaining to the request and routes the request to the chief counsel's office. D. Review by Chief Counsel's Office The chief counsel's office will review the request, determine the advisability of releasing the requested documents, and respond in one of the following three ways: 1. If MoDOT is involved in litigation or legal action is anticipated regarding the information requested, the chief counsel's office will respond to the requester, and copy the appropriate division and the secretary to the commission. 2. If MoDOT is not involved in litigation but the chief counsel's office determines the statutes provide for the document to be withheld, the chief counsel's office will note the reason for denial and return the request to the secretary to the commission for further consideration and response. The secretary to the commission will send a copy of the final response to the chief counsel's office and the appropriate division. 3. If the documents are not protected under the statutes, the chief counsel's office will forward the request to the appropriate division for further action. The chief counsel's office may review the records prior to release. E. Response by Division/District If the records requested are available in the division office, the division will respond to the person who made the request. If the documents are not available in the division office, the division will forward the request to the appropriate district office. After the documents have been located and reviewed there may be a question about whether the statutes provide for the documents to be withheld. In that event, the division/district may request chief counsel office/district counsel review prior to responding to the request. The division/district will determine if fees are to be charged (see Fees and Payment section) and collect the fees prior to releasing the records. A copy of the request and the documents provided will be retained in the division/district's files for further reference. A copy of the response letter must be sent to the secretary to the commission. If the response is made by telephone or fax, a letter should be sent to the requester verifying the response and listing any information provided. A copy of the letter must be sent to the secretary to the commission. III. Processing Time Requests for records must receive a timely response in keeping with MoDOT's emphasis on customer service and to comply with the statutes. The following processing times have been developed to ensure timely responses:                     Response by secretary to the commission 3 working days                     Review by risk management 2 working days                     Review by chief counsel's office 5 working days                     Response by division office 5 working days                     Response by district office 5 working days When circumstances exist that make it difficult to meet the above processing times, additional time is permitted; however, the individual making the request must be kept informed of delays. IV. Modification of Document List The list of documents that can be released without review by the Risk Management Division and chief counsel's office will need to be revised periodically. District offices should send recommendations for revisions to the document list to the appropriate division office. Division offices will work with the chief counsel's office and secretary to the commission to determine whether the documents should be added to or deleted from the list. The secretary to the commission will be responsible for maintaining the document list and will distribute any revisions to all offices. QUESTIONS? For additional information regarding the Sunshine Act, contact the secretary to the commission at (573) 751-2824.