MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND EMPLOYEES AND THE SUNSHINE LAW EMPLOYMENT PRACTICS UPDATE.

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Presentation transcript:

MIRMA SPRING TRAINING 2014 PRESENTED BY JANE DRUMMOND EMPLOYEES AND THE SUNSHINE LAW EMPLOYMENT PRACTICS UPDATE

Employees and the Sunshine Law Chapter 610, RSMo Authorizes public governmental bodies to close certain meetings and records  Permissive, not mandatory

Employees and the Sunshine Law Section (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 (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 : 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 and.4  Civil Money Penalties Section  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?