December 8, 2017
BY EMAIL: Sarah.Madden@governor.mo.gov
Sarah G. Madden
Special Counsel
Office of the Governor
201 W Capitol Ave, Room 216
P.O. Box 720
Jefferson City, Mo 65102
Re: Missouri Sunshine Request
Dear Ms. Madden:
Campaign for Accountability (“CfA”) makes this request for records pursuant to the
Missouri Sunshine Law, Chapter 610, Revised Statues of Missouri. This request seeks records
of any kind, regardless of format, including paper records, electronic records, audiotapes,
videotapes, calendars, and photographs. This request includes not only paper, phone, and email
communications, but also associated attachments. In addition to direct communications, CfA
seeks communications in which the individuals were copied.
First, CfA requests copies of all records created or received by any employee of the
Office of the Governor on Confide, or any other instant messaging application that automatically
deletes messages, including, but not limited to, Signal or WhatsApp.
Second, CfA requests copies of all records reflecting any permission, clearance, or
approval granted to employees of the Office of the Governor to conduct offical business using
Confide, or any other instant messaging application that automatically deletes messages,
including, but not limited to, Signal or WhatsApp.
Third, CfA requests copies of all records regarding efforts by employees of the Office of
the Governor or the Office of the Attorney General to retrieve, recover, or retain records created
or received by state employees using Confide, or any other instant messaging application that
automatically deletes messages, including, but not limited to, Signal or WhatsApp.
This request is for records from January 9, 2017 to the present.
CfA is a non-profit organization and seeks the requested information to educate the
public about whether and to what extent employees of the Office of the Governor have used or
are using Confide, or other instant messaging applications that automatically delete messages, to
conduct public business. On December 7, 2017, the Kansas City Star reported Gov. Eric
611 Pennsylvania Ave., S.E. #337  Washington, D.C. 20003  (202) 780-5750
campaignforaccountability.org

 Sarah G. Madden
December 8, 2017
Page 2
Greitens and his senior staff use the phone-based app Confide, which deletes messages after they
have been read, and prevents recipients from saving them. 1 The Star reported that several
officials in the governor’s office have Confide accounts including the chief of staff and the
deputy chief of staff, among others. 2 The Star also reported that several political advisers to
Gov. Greitens have Confide accounts.3
The use of Confide by state officials raises serious questions about whether employees in
the Office of the Governor are violating the Missouri Sunshine Law. The law states that, in
general, governmental records should be made available for public inspection. M.R.S. §
610.011. The law defines “Public Business” as “all matters which relate in any way to the
performance of the public governmental body's functions or the conduct of its business.”
M.R.S. § 610.010(3).
The law further states that “[e]ach public governmental body shall make available for
inspection and copying by the public of that body's public records.” M.R.S. § 610.023(2). The
law also instructs, “No person shall remove original public records from the office of a public
governmental body or its custodian without written permission of the designated custodian.”
M.R.S. § 610.023(2). Finally, the law provides that “[a]ny member of a public governmental
body who transmits any message relating to public business by electronic means shall also
concurrently transmit that message to either the member's public office computer or the
custodian of records in the same format.” M.R.S. § 610.025
CfA seeks the requested records to determine whether employees of the Office of the
Governor are violating these provisions of the Missouri Sunshine Law by conducting public
business on Confide. Moreover, researchers have found serious flaws in the application’s
security systems.4 State employees may be leaving their communications vulnerable to hackers
while also violating the state’s transparency laws.
CfA does not seek the requested information for commercial purposes and therefore
seeks a waiver of any fees otherwise charged for searching and copying the requested records
pursuant to M.R.S. § 610.026.1(1). If a fee waiver is not available, please inform me if the cost
will exceed $200.
If it is your position that any portion of the requested records or of a particular record is
confidential and therefore exempt from disclosure, please redact that portion and produce the
remainder of the request records. M.R.S. § 610.024.
Jason Hancock, Greitens’ Penchant for Secrecy Goes Digital with Messaging app that Leaves no Trace, Kansas
City Star, December 7, 2017, available at http://www.kansascity.com/news/politicsgovernment/article188405944.html.
2 Id.
3 Id.
4 Kevin Rose, As Elites Switch to Texting, Watchdogs Fear Loss of Transparency, The New York Times, July 6,
2017, available at https://www.nytimes.com/2017/07/06/business/as-elites-switch-to-texting-watchdogsfear-loss-of-transparency.html.
1

 Sarah G. Madden
December 8, 2017
Page 3
Pursuant to M.R.S. § 610.023.3, please provide the requested records within three
business days, or furnish a written acknowledgment of receipt of our request and the
approximate date when the request will be granted or denied, as well as when we can reasonably
expect to receive the responsive documents. If you deny this request in whole or in part, please
specify each exemption on which you are relying to withhold information. M.R.S. § 610.023.4.
If you have any questions about this request, please contact me at 202-780-5750. If
possible, please email the records to me at dstevens@campaignforaccountability.org. If the
records are mailed, please send them to: Daniel Stevens, Campaign for Accountability, 611
Pennsylvania Ave, S.E. #337, Washington, D.C. 20003.
Sincerely,

Daniel E. Stevens
Executive Director