417 S.W.3d 804
Mo. Ct. App.2013Background
- Newspaper requested 2009–2010 payroll records from the City via Sunshine Law request in 2010.
- ITSA is a data-processing agency that handles payroll data for Relators and other city agencies.
- Relators and Newspaper dispute ITSA’s obligation to disclose payroll records of Relators under Sunshine Law.
- ITSA held payroll data and initially released some records but withheld Relators’ records.
- Circuit Court issued a mandamus order and declaratory judgment claims; ITSA sought interpretation of its duties.
- Court held: ITSA not the custodian for Relators’ records; accrued leave records may be open under certain conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who is the proper custodian for payroll records? | Relators argue ITSA must disclose under Sunshine Law. | ITSA is the custodian only for its own records, not Relators'. | ITSA is not the custodian for Relators’ records; Relators’ payroll data not disclosed by ITSA. |
| Are accrued leave records open under the Sunshine Law? | Accrued leave records are public salary records when convertible to money. | Accrued leave records may be exempt as personnel records or not public. | Accrued leave records are open to disclosure where convertible to money; otherwise exempt. |
Key Cases Cited
- State ex rel. Moore v. Brewster, 116 S.W.3d 630 (Mo.App. E.D. 2003) (custodian designation and duties under Sunshine Law)
- Pennington v. Dobbs, 235 S.W.3d 77 (Mo.App.S.D. 2007) (custodian as sole recipient for requests)
- Anderson v. Village of Jacksonville, 103 S.W.3d 190 (Mo.App.W.D. 2003) (statutory interpretation and plain meaning)
- Pulitzer Pub. Co. v. Missouri State Employees’ Retirement Sys., 927 S.W.2d 477 (Mo.App.W.D. 1996) (leave records and public money criteria)
- Librach v. Cooper, 778 S.W.2d 351 (Mo.App.E.D. 1989) (privacy considerations in personnel records)
- State ex rel. Goodman v. St. Louis Bd. of Police Com’rs, 181 S.W.3d 156 (Mo.App.E.D. 2005) (liberal construction of Sunshine Law with strict exemptions)