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EMPLOYMENT PRACTICS UPDATE

EMPLOYMENT PRACTICS UPDATE. MIRMA SPRING TRAINING 2014 Presented by Jane drummond EMPLOYEES AND THE SUNSHINE LAW. Employees and the Sunshine Law. Chapter 610, RSMo Authorizes public governmental bodies to close certain meetings and records Permissive, not mandatory.

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EMPLOYMENT PRACTICS UPDATE

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  1. EMPLOYMENT PRACTICS UPDATE MIRMA SPRING TRAINING 2014 Presented by Jane drummond EMPLOYEES AND THE SUNSHINE LAW

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

  3. Employees and the Sunshine Law • Section 610.021(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

  4. Employees and the Sunshine Law • Section 610.021(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

  5. Employees and the Sunshine Law Procedure for closing meetings: • Section 610.022: • 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

  6. Employees and the Sunshine Law Penalties: • Sections 610.027.3 and .4 • Civil Money Penalties • Section 610.027.5 • 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

  7. 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

  8. Employees and the Sunshine Law Questions?

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