Administrative Law

Editor:
Daniel R.E. Jordan, Esquire

Certification shows compliance. Wilson, v. The City of St. Louis, Missouri, et al., No. 99288 (Mo. App. E.D., October 29, 2013) Sullivan, J.

Statute sets forth materials that decision-maker must review to participate in decision.

Held
: Certification of compliance with statute is sufficient to show compliance with statute.


Data processing is not record retention.   State of Missouri, ex rel., et al. v. Information Technology Services Agency of the City of St. Louis, et al., No. 98789 (Mo. App. E.D., October 15, 2013), Sullivan, J.

Sunshine Law requires government agency to produce public records, which includes information that the agency retains. 

Held
: Retention does not include data processing for some other agency because that other agency has custody of that information being data-processed.  Public employees’ personnel files are generally closed, but records of accrued leave that is redeemable in money are open, because such leave constitutes salary.