Municipal-Government Records-Public Interest in Disclosure

Plaintiff appealed the trial court’s order overruling his application for an order to show cause and attorneys’ fees against defendant. Plaintiff filed an action under the Sunshine Law seeking public records in defendant’s possession pertaining to alleged inappropriate or criminal activity by plaintiff or any employee in his office. Plaintiff sought the records in response to a news article containing allegations of misconduct against plaintiff. The trial court ultimately determined that the public interest warranted disclosure even though the responsive records were closed, but denied plaintiff’s subsequent application, finding no evidence that defendant had willfully or knowingly violated the trial court’s order.  

Where defendant’s officials testified that the failure to provide all the requested information was the result of confusion over which documents were responsive, the trial court correctly determined that defendant’s omission was not knowing or willful.   

Judgment is affirmed. 

City of Vienna v. Heitman (MLW No. 84874/Case No. SD39019 – 7 pages) (Missouri Court of Appeals, Southern District, Page, J.) Appealed from circuit court, Maries County, Fox, J. (David Frederick Barrett, Jefferson City for appellant) (Nathan Michael Nickolaus, Jefferson City for respondent)