610.010.
Definitions
610.011.
Liberal construction of law to be public policy
610.015.
Votes, how taken
610.020. Notice of meetings, when required - accessibility of
meetings - minutes of meetings to be kept, content - voting records
to be included.
610.021.
Closed meetings and closed records authorized when, exceptions.
610.022.
Closed meetings, procedure and limitation -- public records
presumed open unless exempt
610.023.
Records of governmental bodies to be in care of custodian, duties
-- records may be copied but not removed, exception, procedure
-- denial of access, procedure
610.024.
Public record containing exempt and nonexempt materials, nonexempt
to be made available - deleted exempt materials to be explained,
exception.
610.025.
Electronic transmission of messages relating to public business,
requirements.
610.026.
Fees for copying public records, limitations -- fee money remitted
to whom -- tax, license or fee as used in Missouri Constitution
Article X section 22 not to include copying fees
610.027.
Violations -- remedies, procedure, penalty -- validity of actions
by governing bodies in violation -- governmental bodies may
seek interpretation of law, attorney general to provide
610.028.
Legal defense of members of governmental bodies, when--written
policy on release of information required--persons reporting
violations exempt from liability and discipline
610.029.
Governmental agencies to provide information by electronic services,
electronic services defined - division of data processing may
be consulted.
610.030. Injunctive relief authorized
610.032.
Executive agency disclosure of closed records, purpose, procedure - executive agency defined.
Chapter
610: Governmental bodies and records
Revised
Statutes of Missouri 2004
610.010.
Definitions.
As
used in this chapter, unless the context otherwise indicates,
the following terms mean:
(1) "Closed meeting", "closed record", or "closed vote" , any meeting,
record or vote closed to the public;
(2) "Copying" , if requested by a member of the public, copies provided
as detailed in section 610.026, if duplication equipment is
available;
(3) "Public business" , all matters which relate in any way to the
performance of the public governmental body's functions or the
conduct of its business;
(4) "Public governmental body" , any legislative, administrative
or governmental entity created by the constitution or statutes
of this state, by order or ordinance of any political subdivision
or district, judicial entities when operating in an administrative
capacity, or by executive order, including:
(a) Any body, agency, board, bureau, council, commission, committee,
board of regents or board of curators or any other governing
body of any institution of higher education, including a community
college, which is supported in whole or in part from state funds,
including but not limited to the administrative entity known
as "The Curators of the University of Missouri" as established
by section 172.020, RSMo;
(b) Any advisory committee or commission appointed by the governor
by executive order;
(c) Any department or division of the state, of any political subdivision
of the state, of any county or of any municipal government, school district or special purpose district including but not
limited to sewer districts, water districts, and other subdistricts
of any political subdivision;
(d) Any other legislative or administrative governmental deliberative
body under the direction of three or more elected or appointed members having rulemaking or quasi-judicial power;
(e) Any committee appointed by or at the direction of any of the
entities and which is authorized to report to any of the above-named entities, any advisory committee appointed by or at the direction
of any of the named entities for the specific purpose of recommending,
directly to the public governmental body's governing board or
its chief administrative officer, policy or policy revisions or expenditures of public funds including, but not limited to,
entities created to advise bi-state taxing districts regarding
the expenditure of public funds, or any policy advisory body,
policy advisory committee or policy advisory group appointed
by a president, chancellor or chief executive officer of any
college or university system or individual institution at the
direction of the governing body of such institution which is
supported in whole or in part with state funds for the specific
purpose of recommending directly to the public governmental
body's governing board or the president, chancellor or chief
executive officer policy, policy revisions or expenditures of
public funds provided, however, the staff of the college or
university president, chancellor or chief executive officer shall not constitute such a policy advisory committee. The custodian
of the records of any public governmental body shall maintain
a list of the policy advisory committees described in this subdivision;
(f)
Any quasi-public governmental body. The term "quasi-public governmental
body" means any person, corporation or partnership organized
or authorized to do business in this state pursuant to the provisions
of chapter 352, 353, or 355, RSMo, or unincorporated association
which either:
a. Has as its primary purpose to enter into contracts with public
governmental bodies, or to engage primarily in activities carried
out pursuant to an agreement or agreements with public governmental
bodies; or
b. Performs a public function as evidenced by a statutorily based
capacity to confer or otherwise advance, through approval, recommendation
or other means, the allocation or issuance of tax credits, tax
abatement, public debt,tax-exempt debt, rights of eminent domain,
or the contracting of leaseback agreements on structures whose
annualized payments commit public tax revenues; or any association
that directly accepts the appropriation of money from a public governmental body, but only to the extent that a meeting, record,
or vote relates to such appropriation; and
c. Any bi-state development agency established pursuant to section
70.370, RSMo;
(5) "Public meeting" , any meeting of a public governmental body
subject to sections 610.010 to 610.030 at which any public business
is discussed, decided, or public policy formulated, whether
such meeting is conducted in person or by means of communication
equipment, including, but not limited to, conference call, video
conference, Internet chat, or Internet message board. The term
"public meeting" shall not include an informal gathering of
members of a public governmental body for ministerial or social
purposes when there is no intent to avoid the purposes of this chapter, but the term shall include a public vote of all or
a majority of the members of a public governmental body, by
electronic communication or any other means, conducted in lieu
of holding a public meeting with the members of the public governmental
body gathered at one location in order to conduct public business;
(6) "Public record" , any record, whether written or electronically
stored, retained by or of any public governmental body including
any report, survey, memorandum, or other document or study prepared
for the public governmental body by a consultant or other professional
service paid for in whole or in part by public funds, including
records created or maintained by private contractors under an
agreement with a public governmental body or on behalf of a
public governmental body; provided, however, that personally
identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian
or other custodian of students under the age of eighteen years
and by the parents, guardian or other custodian and the student
if the student is over the age of eighteen years. The term "public
record" shall not include any internal memorandum or letter
received or prepared by or on behalf of a member of a public
governmental body consisting of advice, opinions and recommendations
in connection with the deliberative decision-making process
of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any document
or study prepared for a public governmental body by a consultant
or other professional service as described in this subdivision
shall be retained by the public governmental body in the same
manner as any other public record;
(7) "Public vote" , any vote, whether conducted in person, by telephone,
or by any other electronic means, cast at any public meeting
of any public governmental body.
610.011.
Liberal construction of law to be public policy.
1. It is the public policy of this state that meetings, records,
votes, actions, and deliberations of public governmental bodies
be open to the public unless otherwise provided by law. Sections
610.010 to 610.200 shall be liberally construed and their exceptions
strictly construed to promote this public policy.
2. Except as otherwise provided by law, all public meetings of
public governmental bodies shall be open to the public as set
forth in Section 610.020, all public records of public governmental
bodies shall be open to the public
for inspection and copying as set forth in sections 610.023
to 610.026, and all public votes of public governmental bodies
shall be recorded as set forth in section 610.015.
610.015.
Votes, how taken.
Except as provided in section 610.021, rules authorized pursuant
to Article III of the Missouri Constitution and as otherwise
provided by law, all votes shall be recorded, and if a roll
call is taken, as to attribute each "yea" and "nay" vote, or
abstinence if not voting, to the name of the individual member
of the public governmental body. Any votes taken during a closed
meeting shall be taken by roll call. All public meetings shall
be open to the public and public votes and public records shall
be open to the public for inspection and duplication. All votes
taken by roll call in meetings of a public governmental body
consisting of members who are all elected, except for the Missouri
general assembly and any committee established by a public governmental
body, shall be cast by members of the public governmental body
who are physically present and in attendance at the meeting.
When it is necessary to take votes by roll call in a meeting
of the public governmental body, due to an emergency of the
public body, with a quorum of the members of the public body
physically present and in attendance and less than a quorum
of the members of the public governmental body participating
via telephone, facsimile, Internet, or any other voice or electronic
means, the nature of the emergency of the public body justifying
that departure from the normal requirements shall be stated
in the minutes. Where such emergency exists, the votes taken
shall be regarded as if all members were physically present
and in attendance at the meeting.
610.020.
Notice of meetings, when required - accessibility of meetings
- minutes of meetings to be kept, content - voting records to
be included.
1. All public governmental bodies shall give notice of the time,
date and place of each meeting, and its tentative agenda, in
a manner reasonably calculated to advise the public of the matters
to be considered, and if the meeting will be conducted by telephone
or other electronic means, the notice of the meeting shall identify
the mode by which the meeting will be conducted and the designated
location where the public may observe and attend the meeting.
If a public body plans to meet by Internet chat, Internet message
board, or other computer link, it shall post a notice of the
meeting on its web site in addition to its principal office
and shall notify the public how to access that meeting. Reasonable
notice shall include making available copies of the notice to
any representative of the news media who requests notice of
meetings of a particular public governmental body concurrent
with the notice being made available to the members of the particular
governmental body and posting the notice on a bulletin board
or other prominent place which is easily accessible to the public
and clearly designated for that purpose at the principal office
of the body holding the meeting, or if no such office exists,
at the building in which the meeting is to be held.
2. Notice conforming with all of the requirements of subsection
1 of this section shall be given at least twenty-four hours,
exclusive of weekends and holidays when the facility is closed,
prior to the commencement of any meeting of a governmental body
unless for good cause such notice is impossible or impractical,
in which case as much notice as is reasonably possible shall
be given. Each meeting shall be held at a place reasonably accessible
to the public and of sufficient size to accommodate the anticipated
attendance by members of the public, and at a time reasonably
convenient to the public, unless for good cause such a place
or time is impossible or impractical. Every reasonable effort
shall be made to grant special access to the meeting to handicapped
or disabled individuals.
3. A public body shall allow for the recording by audiotape, videotape,
or other electronic means of any open meeting. A public body
may establish guidelines regarding the manner in which such
recording is conducted so as to minimize disruption to the meeting.
No audio recording of any meeting, record, or vote closed pursuant
to the provisions of section 610.021 shall be permitted without
permission of the public body; any person who violates this
provision shall be guilty of a class C misdemeanor.
4. When it is necessary to hold a meeting on less than twenty-four
hours' notice, or at a place that is not reasonably accessible
to the public, or at a time that is not reasonably convenient
to the public, the nature of the good cause justifying that
departure from the normal requirements shall be stated in the
minutes.
5. A formally constituted subunit of a parent governmental body
may conduct a meeting without notice as required by this section
during a lawful meeting of the parent governmental body, a recess
in that meeting, or immediately following that meeting, if the
meeting of the subunit is publicly announced at the parent meeting
and the subject of the meeting reasonably coincides with the
subjects discussed or acted upon by the parent governmental
body.
6. If another provision of law requires a manner of giving specific
notice of a meeting, hearing or an intent to take action by
a governmental body, compliance with that section shall constitute
compliance with the notice requirements of this section.
7. A journal or minutes of open and closed meetings shall be taken
and retained by the public governmental body, including but
not limited to a record of any votes taken at such meeting.
The minutes shall include the date, time, place, members present,
members absent and a record of any votes taken. When a roll
call vote is taken, the minutes shall attribute each "yea" and
"nay" vote or abstinence if not voting to the name of the individual
member of the public governmental body.
610.021.
Closed meetings and closed records authorized when, exceptions.
Except to the extent disclosure is otherwise required by law,
a public governmental body is authorized to close meetings,
records and votes, to the extent they relate to the following:
(1) Legal actions, causes of action or litigation involving a public
governmental body and any confidential or privileged communications
between a public governmental body or its representatives and
its attorneys. However, any minutes, vote or settlement agreement
relating to legal actions, causes of action or litigation involving
a public governmental body or any agent or entity representing
its interests or acting on its behalf or with its authority,
including any insurance company acting on behalf of a public
government body as its insured, shall be made public upon final
disposition of the matter voted upon or upon the signing by
the parties of the settlement agreement, unless, prior to final
disposition, the settlement agreement is ordered closed by a
court after a written finding that the adverse impact to a plaintiff
or plaintiffs to the action clearly outweighs the public policy
considerations of section 610.011, however, the amount of any
moneys paid by, or on behalf of, the public governmental body
shall be disclosed; provided, however, in matters involving
the exercise of the power of eminent domain, the vote shall
be announced or become public immediately following the action
on the motion to authorize institution of such a legal action.
Legal work product shall be considered a closed record;
(2) Leasing, purchase or sale of real estate by a public governmental
body where public knowledge of the transaction might adversely
affect the legal consideration therefor. However, any minutes,
vote or public record approving a contract relating to the leasing,
purchase or sale of real estate by a public governmental body
shall be made public upon execution of the lease, purchase or
sale of the real estate;
(3) Hiring, firing, disciplining or promoting of particular employees
by a public governmental body when personal information about
the employee is discussed or recorded. However, any vote on
a final decision, when taken by a public governmental body,
to hire, fire, promote or discipline an employee of a public
governmental body shall be made available with a record of how
each member voted to the public within seventy-two hours of
the close of the meeting where such action occurs; provided,
however, that any employee so affected shall be entitled to
prompt notice of such decision during the seventy-two-hour period
before such decision is made available to the public. As used
in this subdivision, the term "personal information" means information
relating to the performance or merit of individual employees;
(4) The state militia or National Guard or any part thereof;
(5) Nonjudicial mental or physical health proceedings involving
identifiable persons, including medical, psychiatric, psychological,
or alcoholism or drug dependency diagnosis or treatment;
(6) Scholastic probation, expulsion, or graduation of identifiable
individuals, including records of individual test or examination
scores; however, personally identifiable student records maintained
by public educational institutions shall be open for inspection
by the parents, guardian or other custodian of students under
the age of eighteen years and by the parents, guardian or other
custodian and the student if the student is over the age of
eighteen years;
(7) Testing and examination materials, before the test or examination
is given or, if it is to be given again, before so given again;
(8) Welfare cases of identifiable individuals;
(9) Preparation, including any discussions or work product, on behalf
of a public governmental body or its representatives for negotiations
with employee groups;
(10) Software codes for electronic data processing and documentation
thereof;
(11) Specifications for competitive bidding, until either the specifications
are officially approved by the public governmental body or the
specifications are published for bid;
(12) Sealed bids and related documents, until the bids are opened;
and sealed proposals and related documents or any documents
related to a negotiated contract until a contract is executed,
or all proposals are rejected;
(13) Individually identifiable personnel records, performance ratings
or records pertaining to employees or applicants for employment,
except that this exemption shall not apply to the names, positions,
salaries and lengths of service of officers and employees of
public agencies once they are employed as such, and the names
of private sources donating or contributing money to the salary
of a chancellor or president at all public colleges and universities
in the state of Missouri and the amount of money contributed
by the source;
(14) Records which are protected from disclosure by law;
(15) Meetings and public records relating to scientific and technological
innovations in which the owner has a proprietary interest;
(16) Records relating to municipal hotlines established for the reporting
of abuse and wrongdoing;
(17) Confidential or privileged communications between a public governmental
body and its auditor, including all auditor work product; however,
all final audit reports issued by the auditor are to be considered
open records pursuant to this chapter;
(18) Operational guidelines and policies developed, adopted, or maintained
by any public agency responsible for law enforcement, public
safety, first response, or public health for use in responding
to or preventing any critical incident which is or appears to
be terrorist in nature and which has the potential to endanger
individual or public safety or health. Nothing in this exception
shall be deemed to close information regarding expenditures,
purchases, or contracts made by an agency in implementing these
guidelines or policies. When seeking to close information pursuant
to this exception, the agency shall affirmatively state in writing
that disclosure would impair its ability to protect the safety
or health of persons, and shall in the same writing state that
the public interest
in nondisclosure outweighs the public interest in disclosure
of the records. This exception shall sunset on December 31,
2008;
(19) Existing or proposed security systems and structural plans of
real property owned or leased by a public governmental body,
and information that is voluntarily submitted by a nonpublic
entity owning or operating an infrastructure to any public governmental
body for use by that body to devise plans for protection of
that infrastructure, the public disclosure of which would threaten
public safety:
(a) Records related to the procurement of or expenditures relating
to security systems purchased with public funds shall be open;
(b) When seeking to close information pursuant to this exception,
the public governmental body shall affirmatively state in writing
that disclosure would impair the public governmental body's
ability to protect the security or safety of persons or real
property, and shall in the same writing state that the public
interest in nondisclosure outweighs the public interest in disclosure
of the records;
(c) Records that are voluntarily submitted by a nonpublic entity
shall be reviewed by the receiving agency within ninety days
of submission to determine if retention of the document is necessary
in furtherance of a state security interest. If retention is
not necessary, the documents shall be returned to the nonpublic
governmental body or destroyed;
(d) This exception shall sunset on December 31, 2008;
(20) Records that identify the configuration of components or the
operation of a computer, computer system, computer network,
or telecommunications network, and would allow unauthorized
access to or unlawful disruption of a computer, computer system,
computer network, or telecommunications network of a public
governmental body. This exception shall not be used to limit
or deny access to otherwise public records in a file, document,
data file or database containing public records. Records related
to the procurement of or expenditures relating to such computer,
computer system, computer network, or telecommunications network,
including the amount of moneys paid by, or on behalf of, a public
governmental body for such computer, computer system, computer
network, or telecommunications network shall be open; and
(21) Credit card numbers, personal identification numbers, digital
certificates, physical and virtual keys, access codes or authorization
codes that are used to protect the security of electronic transactions
between a public governmental body and a person or entity doing
business with a public governmental body. Nothing in this section
shall be deemed to close the record of a person or entity using
a credit card held in the name of a public governmental body
or any record of a transaction made by a person using a credit
card or other method of payment for which reimbursement is made
by a public governmental body.
610.022.
Closed meetings, procedure and limitation - public records presumed
open unless exempt.
1. Except as set forth in subsection 2 of this section, no meeting
or vote may be closed without an affirmative public vote of
the majority of a quorum of the public governmental body. The
vote of each member of the public governmental body on the question
of closing a public meeting or vote and the specific reason
for closing that public meeting or vote by reference to a specific
section of this chapter shall be announced publicly at an open
meeting of the governmental body and entered into the minutes.
2. A public governmental body proposing to hold a closed meeting
or vote shall give notice of the time, date and place of such
closed meeting or vote and the reason for holding it by reference
to the specific exception allowed pursuant to the provisions
of section 610.021. Such notice shall comply with the procedures
set forth in section 610.020 for notice of a public meeting.
3. Any meeting or vote closed pursuant to section 610.021 shall
be closed only to the extent necessary for the specific reason
announced to justify the closed meeting or vote. Public governmental
bodies shall not discuss any business in a closed meeting, record
or vote which does not directly relate to the specific reason
announced to justify the closed meeting or vote. Public governmental
bodies holding a closed meeting shall close only an existing
portion of the meeting facility necessary to house the members
of the public governmental body in the closed session, allowing
members of the public to remain to attend any subsequent open
session held by the public governmental body following the closed
session.
4. Nothing in sections 610.010 to 610.028 shall be construed as
to require a public governmental body to hold a closed meeting,
record or vote to discuss or act upon any matter.
5. Public records shall be presumed to be open unless otherwise
exempt pursuant to the provisions of this chapter.
6. In the event any member of a public governmental body makes
a motion to close a meeting, or a record, or a vote from the
public and any other member believes that such motion, if passed,
would cause a meeting, record or vote to be closed from the
public in violation of any provision in this chapter, such latter
member shall state his or her objection to the motion at or
before the time the vote is taken on the motion. The public
governmental body shall enter in the minutes of the public governmental
body any objection made pursuant to this subsection. Any member
making such an objection shall be allowed to fully participate
in any meeting, record or vote that is closed from the public
over the member's objection. In the event the objecting member
also voted in opposition to the motion to close the meeting,
record or vote at issue, the objection and vote of the member
as entered in the minutes shall be an absolute defense to any
claim filed against the objecting member pursuant to section
610.027.
610.023. Records of governmental bodies to be in care of custodian, duties - records may be copied but not removed, exception, procedure
- denial of access, procedure.
1. Each public governmental body is to appoint a custodian who
is to be responsible for the maintenance of that body's records.
The identity and the location of a public governmental body's
custodian is to be made available upon request.
2. Each public governmental body shall make available for inspection
and copying by the public of that body's public records. 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. No public governmental
body shall, after August 28, 1998, grant to any person or entity,
whether by contract, license or otherwise, the exclusive right
to access and disseminate any public record unless the granting
of such right is necessary to facilitate coordination with,
or uniformity among, industry regulators having similar authority.
3. Each request for access to a public record shall be acted upon
as soon as possible, but in no event later than the end of the
third business day following the date the request is received
by the custodian of records of a public governmental body. If
records are requested in a certain format, the public body shall
provide the records in the requested format, if such format
is available. If access to the public record is not granted
immediately, the custodian shall give a detailed explanation
of the cause for further delay and the place and earliest time
and date that the record will be available for inspection. This
period for document production may exceed three days for reasonable
cause.
4. If a request for access is denied, the custodian shall provide,
upon request, a written statement of the grounds for such denial.
Such statement shall cite the specific provision of law under
which access is denied and shall be furnished to the requester
no later than the end of the third business day following the
date that the request for the statement is received.
610.024. Public record containing exempt and nonexempt materials, nonexempt
to be made available - deleted exempt materials to be explained,
exception.
1. If a public record contains material which is not exempt from
disclosure as well as material which is exempt from disclosure,
the public governmental body shall separate the exempt and nonexempt
material and make the nonexempt material available for examination
and copying.
2. When designing a public record, a public governmental body shall,
to the extent practicable, facilitate a separation of exempt
from nonexempt information. If the separation is readily apparent
to a person requesting to inspect or receive copies of the form,
the public governmental body shall generally describe the material
exempted unless that description would reveal the contents of
the exempt information and thus defeat the purpose of the exemption.
610.025. Electronic transmission of messages relating to public business,
requirements.
Any 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. The provisions
of this section shall only apply to messages sent to two or
more members of that body so that, when counting the sender,
a majority of the body's members are copied. Any such message
received by the custodian or at the member's office computer
shall be a public record subject to the exceptions of section
610.021.
610.026.
Fees for copying public records, limitations - fee money remitted
to whom - tax, license or fee as used in Missouri Constitution
Article X section 22 not to include copying fees.
1. Except as otherwise provided by law, each public governmental
body shall provide access to and, upon request, furnish copies
of public records subject to the following:
(1) Fees for copying public records, except those records restricted
under section 32.091, RSMo, shall not exceed ten cents per page
for a paper copy not larger than nine by fourteen inches, with
the hourly fee for duplicating time not to exceed the average
hourly rate of pay for clerical staff of the public governmental
body. Research time required for fulfilling records requests
may be charged at the actual cost of research time. Based on
the scope of the request, the public governmental body shall
produce the copies using employees of the body that result in
the lowest amount of charges for search, research, and duplication
time. Prior to producing copies of the requested records, the
person requesting the records may request the public governmental
body to provide an estimate of the cost to the person requesting
the records. Documents may be furnished without charge or at
a reduced charge when the public governmental body determines
that waiver or reduction of the fee is in the public interest
because it is likely to contribute significantly to public understanding
of the operations or activities of the public governmental body
and is not primarily in the commercial interest of the requester;
(2) Fees for providing access to public records maintained on computer
facilities, recording tapes or disks, videotapes or films, pictures,
maps, slides, graphics, illustrations or similar audio or visual
items or devices, and for paper copies larger than nine by fourteen
inches shall include only the cost of copies, staff time, which
shall not exceed the average hourly rate of pay for staff of
the public governmental body required for making copies and
programming, if necessary, and the cost of the disk, tape, or
other medium used for the duplication. Fees for maps, blueprints,
or plats that require special expertise to duplicate may include
the actual rate of compensation for the trained personnel required
to duplicate such maps, blueprints, or plats. If programming
is required beyond the customary and usual level to comply with
a request for records or information, the fees for compliance
may include the actual costs of such programming.
2. Payment of such copying fees may be requested prior to the making
of copies.
3. Except as otherwise provided by law, each public governmental
body of the state shall remit all moneys received by or for
it from fees charged pursuant to this section to the director
of revenue for deposit to the general revenue fund of the state.
4. Except as otherwise provided by law, each public governmental
body of a political subdivision of the state shall remit all
moneys received by it or for it from fees charged pursuant to
sections 610.010 to 610.028 to the appropriate fiscal officer
of such political subdivision for deposit to the governmental
body's accounts.
5. The term "tax, license or fees" as used in section 22 of Article
X of the Constitution of the state of Missouri does not include
copying charges and related fees that do not exceed the level
necessary to pay or to continue to pay the costs for providing
a service, program, or activity which was in existence on November
4, 1980, or which was approved by a vote of the people subsequent
to November 4, 1980.
610.027. Violations - remedies, procedure, penalty - validity of actions
by governing bodies in violation - governmental bodies may seek
interpretation of law, attorney general to provide.
1. The remedies provided by this section against public governmental
bodies shall be in addition to those provided by any other provision
of law. Any aggrieved person, taxpayer to, or citizen of, this
state, or the attorney general or prosecuting attorney, may
seek judicial enforcement of the requirements of sections 610.010
to 610.026. Suits to enforce sections 610.010 to 610.026 shall
be brought in the circuit court for the county in which the
public governmental body has its principal place of business.
Upon service of a summons, petition, complaint, counterclaim,
or cross-claim in a civil action brought to enforce the provisions
of sections 610.010 to 610.026, the custodian of the public
record that is the subject matter of such civil action shall
not transfer custody, alter, destroy, or otherwise dispose of
the public record sought to be inspected and examined, notwithstanding
the applicability of an exemption pursuant to section 610.021
or the assertion that the requested record is not a public record
until the court directs otherwise.
2. Once a party seeking judicial enforcement of sections 610.010
to 610.026 demonstrates to the court that the body in question
is subject to the requirements of sections 610.010 to 610.026
and has held a closed meeting, record or vote, the burden of
persuasion shall be on the body and its members to demonstrate
compliance with the requirements of sections 610.010 to 610.026.
3. Upon a finding by a preponderance of the evidence that a public
governmental body or a member of a public governmental body
has knowingly violated sections 610.010 to 610.026, the public
governmental body or the member shall be subject to a civil
penalty in an amount up to one thousand dollars. If the court
finds that there is a knowing violation of sections 610.010
to 610.026, the court may order the payment by such body or
member of all costs and reasonable attorney fees to any party
successfully establishing a violation. The court shall determine
the amount of the penalty by taking into account the size of
the jurisdiction, the seriousness of the offense, and whether
the public governmental body or member of a public governmental
body has violated sections 610.010 to 610.026 previously.
4. Upon a finding by a preponderance of the evidence that a public
governmental body or a member of a public governmental body
has purposely violated section 610.010 to 610.026, the public
governmental body or the member shall be subject to a civil
penalty in an amount up to five thousand dollars. If the court
finds that there was a purposeful violation of sections 610.010
to 610.026, then the court shall order the payment by such body
or member of all costs and reasonable attorney fees to any party
successfully establishing such a violation. The court shall
determine the amount of the penalty by taking into account the
size of the jurisdiction, the seriousness of the offense, and
whether the public governmental body or member of a public governmental
body has violated sections 610.010 to 610.026 previously.
5. Upon a finding by a preponderance of the evidence that a public
governmental body has violated any provision of sections 610.010
to 610.026, a court shall void any action taken in violation
of sections 610.010 to 610.026, if the court finds under the
facts of the particular case that the public interest in the
enforcement of the policy of sections 610.010 to 610.026 outweighs
the public interest in sustaining the validity of the action
taken in the closed meeting, record or vote. Suit for enforcement
shall be brought within one year from which the violation is
ascertainable and in no event shall it be brought later than
two years after the violation. This subsection shall not apply
to an action taken regarding the issuance of bonds or other
evidence of indebtedness of a public governmental body if a
public hearing, election or public sale has been held regarding
the bonds or evidence of indebtedness.
6. A public governmental body which is in doubt about the legality
of closing a particular meeting, record or vote may bring suit
at the expense of that public governmental body in the circuit
court of the county of the public governmental body's principal
place of business to ascertain the propriety of any such action,
or seek a formal opinion of the attorney general or an attorney
for the governmental body.
610.028. Legal defense of members of governmental bodies, when - written
policy on release of information required - persons reporting
violations exempt from liability and discipline.
1. Any public governmental body may provide for the legal defense
of any member charged with a violation of sections 610.010 to
610.030.
2. Each public governmental body shall provide a reasonable written
policy in compliance with sections 610.010 to 610.030, open
to public inspection, regarding the release of information on
any meeting, record or vote and any member or employee of the
public governmental body who complies with the written policy
is not guilty of a violation of the provisions of sections 610.010
to 610.030 or subject to civil liability for any act arising
out of his adherence to the written policy of the agency.
3. No person who in good faith reports a violation of the provisions
of sections 610.010 to 610.030 is civilly liable for making
such report, nor, if such a person is an officer or employee
of a public governmental body, may such person be demoted, fired,
suspended or otherwise disciplined for making such report.
610.029. Governmental agencies to provide information by electronic services,
electronic services defined - division of data processing may
be consulted.
1. A public governmental body keeping its records in an electronic
format is strongly encouraged to provide access to its public
records to members of the public in an electronic format. A
public governmental body is strongly encouraged to make information
available in useable electronic formats to the greatest extent
feasible. A public governmental body may not enter into a contract
for the creation or maintenance of a public records database
if that contract impairs the ability of the public to inspect
or copy the public records of that agency, including public
records that are on-line or stored in an electronic recordkeeping
system used by the agency. Such contract may not allow any impediment
that as a practical matter makes it more difficult for the public
to inspect or copy the records than to inspect or copy the public
governmental body's records. For purposes of this section, a
useable electronic format shall allow, at a minimum, viewing
and printing of records. However, if the public governmental
body keeps a record on a system capable of allowing the copying
of electronic documents into other electronic documents, the
public governmental body shall provide data to the public in
such electronic format, if requested. The activities authorized
pursuant to this section may not take priority over the primary
responsibilities of a public governmental body. For purposes
of this section the term "electronic services" means on-line
access or access via other electronic means to an electronic
file or data base. This subsection shall not apply to contracts
initially entered into before August 28, 2004.
2. Public governmental bodies shall include in a contract for electronic
services provisions that:
(1) Protect the security and integrity of the information system
of the public governmental body and of information systems that
are shared by public governmental bodies; and
(2) Limit the liability of the public governmental body providing
the services.
3. Each public governmental body may consult with the division
of data processing and telecommunications of the office of administration
to develop the electronic services offered by the public governmental
body to the public pursuant to this section.
610.030. Injunctive relief authorized.
The
circuit courts of this state shall have the jurisdiction to
issue injunctions to enforce the provisions of sections 610.010
to 610.115.
610.032. Executive agency disclosure of closed records, purpose, procedure - executive agency defined.
1. If an executive agency's records are closed by law, it may
not disclose any information contained in such closed records
in any form that would allow identification of individual persons
or entities unless:
(1) Disclosure of such information is made to a person in that person's
official capacity representing an executive agency and the disclosure
is necessary for the requesting executive agency to perform
its constitutional or statutory duties; or
(2) Disclosure is otherwise required by law.
2. Notwithstanding any other provision of law to the contrary,
including, but not limited to, section 32.057, RSMo, such closed
information may be disclosed pursuant to this section; however,
the providing executive agency may request, as a condition of
disclosing such information, that the requesting executive agency
submit:
(1) The constitutional or statutory duties necessitating the disclosure
of such information;
(2) The name and official capacity of the person or persons to whom
such information will be disclosed;
(3) An affirmation that such information will be used only in furtherance
of such constitutional or statutory duties; and
(4) The date upon which the access is requested to begin, when the
request is for continuous access.
3. Any executive agency receiving such a request for closed information
shall keep the request on file and shall only release such information
to the person or persons listed on such request. If the request
is for continuous access to such information, the executive
agency shall honor the request for a period of one year from
the beginning date indicated on such request. If the requesting
executive agency requests such information for more than one
year, the agency shall provide an updated request for closed
information to the providing executive agency upon expiration
of the initial request.
4. Any person receiving or releasing closed information pursuant
to this section shall be subject to any laws, regulations or
standards of the providing executive agency regarding the confidentiality
or misuse of such information and shall be subject to any penalties
provided by such laws, regulations or standards for the violation
of the confidentiality or misuse of such information.
5. For the purposes of this section, "executive agency" means any
administrative governmental entity created by the constitution
or statutes of this state under the executive branch, including
any department, agency, board, bureau, council, commission,
committee, board of regents or board of curators of any institution
of higher learning supported in whole or in part by state funds,
any subdivision of an executive agency, and any legally designated
agent of such entity.
