Gov. Greitens’ use of texting application is under investigation for breaching open records laws
By Jason Rosenbaum & Jo Mannies Dec 20, 2017
Missouri Attorney General Josh Hawley is looking into whether Gov. Eric Greitens’ administration may be violating the state’s Sunshine Law.
It’s in response to a Kansas City Star report that the Republican governor and his staff use a phone application that automatically deletes text messages.
Well, okay, that would explain it.
A bill, pre-filed on Tuesday by Assistant Minority Floor Leader Gina Mitten (D):
Prohibits members and employees of public governmental bodies from using software designed to send encrypted messages that automatically self-destruct to conduct public business
Sponsor: Mitten, Gina (083)
Proposed Effective Date: 8/28/2018
LR Number: 5385H.01I
Last Action: 01/04/2018 – Read Second Time (H)
Bill String: HB 1817
The bill text:
SECOND REGULAR SESSION
HOUSE BILL NO. 1817 [pdf]
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MITTEN. 5385H.01I D. ADAM CRUMBLISS, Chief Clerk
To repeal section 610.025, RSMo, and to enact in lieu thereof one new section relating to electronic public records, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
610.025. 1. Any elected or appointed member of a public governmental body or any staff member or employee of the public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to the custodian of records for the public governmental body in the same format. Any such message received by the custodian shall be a public record subject to the exceptions of section 610.021.
2. No elected or appointed member of a public governmental body or any staff member or employee of the public governmental body shall download or use software designed to send encrypted messages by electronic means that automatically self-destruct on any communication device purchased with public moneys.
3. No elected or appointed member of a public governmental body or any staff member or employee of the public governmental body shall use software designed to send encrypted messages by electronic means that automatically self-destruct to conduct public business on any personally owned electronic device.
4. Any individual who knowingly or purposely violates this section shall only be held individually liable under section 610.027. A staff member or employee of a public governmental body shall be treated as a member of the public governmental body under section 610.027 only for purposes of determining the appropriate penalty for violation of this section.
That really explains it.