Citation in context

#q11b2
other · diligent

Missouri Sunshine Law Open Meetings and Records law.pdf

2026-04-11 Portal: diligent Section: 5. That (insert name of governmental body) shall comply with §§ 610.010 #q11b2

Missouri Sunshine Law 17 NOTICE OF CLOSED MEETING This suggested form is intended for use when a public governmental body has voted to close a future meeting and otherwise conformed with state law. (Insert date and time notice was posted) Notice is hereby given that the (insert name of public governmental body) having duly voted to close its meeting, as authorized by (insert statutory authority, including specific subsection of Section 610.021, RSMo, to close meeting) will conduct a closed meeting at (insert time) on (insert day, month, and year) at (insert place where meeting is to be held). Missouri Sunshine Law 18 NOTICE OF OPEN MEETING AND VOTE TO CLOSE PART OF THE MEETING This suggested form is intended for use when a public governmental body plans to conduct a meeting that is partially open and partially closed but has not yet publicly voted to close the meeting and has otherwise conformed with state law. (Insert date and time notice was posted) Notice is hereby given that the (insert name of public governmental body) will conduct a meeting at (insert time) on (insert time) on (insert day, month, and year) at (insert place where meeting is to be held, or, if the meeting will be conducted by telephone or other electronic means, the location where the public may observe and attend the meeting or directions to access the meeting electronically). The tentative agenda of this meeting includes (list topics): _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

_____________________________________________________________ The tentative agenda of this meeting also includes a vote to close part of this meeting pursuant to (insert statutory authority, including specific subsection of Section 610.021, RSMo, for vote to close meeting). Missouri Sunshine Law 19 REQUEST TO HAVE OBJECTION TO CLOSED MEETING ENTERED INTO MINUTES This suggested form is intended for use when a member of a public governmental body objects to a motion to close a meeting pursuant to Section 610.022.6, RSMo, and wishes to have the objection entered into the minutes. Dear (insert name of custodian or other person responsible for keeping minutes): Having objected to the motion to close the meeting of (insert name of public governmental body) on (insert day, month, and year) and having made this objection prior to the vote to close the meeting, I wish to have my objection entered into the minutes for that date. Signature of member____________________________________________ Insert name of member__________________________________________ REQUEST FORM Information that can be used to request records from Missouri Public Governmental Bodies For your convenience, a sample form is included on the next page that can be used to request records under the Missouri Sunshine Law. On the Web This sample form is available on the Attorney General’s website at ago.mo.gov under the “Sunshine Law” listing.

Signature of member____________________________________________ Insert name of member__________________________________________ REQUEST FORM Information that can be used to request records from Missouri Public Governmental Bodies For your convenience, a sample form is included on the next page that can be used to request records under the Missouri Sunshine Law. On the Web This sample form is available on the Attorney General’s website at ago.mo.gov under the “Sunshine Law” listing. Missouri Sunshine Law 20 RECORDS REQUEST FORM [Insert name and address of officially designated custodian of records] This is a request for records under the Missouri Sunshine Law, Chapter 610, Revised Statutes of Missouri. I request that you make available to me the following records: _____________ (Describe the records as specifically as possible. Where you are asking for records that cover only a particular period, such as last year or a specific month, identify that time period) If you know the subject matter of the records, but do not have additional information, use this alternative: I request that you make available to me all records that relate to ___________ (Be as specific as possible; include dates if you can) If you want and are willing to pay for copies of the records, rather than just being able to see them: I request that the records responsive to my request be copied and sent to me at the following address: _________________. If you believe your request serves the public interest, and is not just for personal or commercial interest, you may ask that the fees be waived: I request that all fees for locating and copying the records be waived. The information I obtain through this request will be used to _________________ (Tell how you will use the information and why that use is in the public interest) Please let me know in advance of any search or copying if the fees will exceed $_________ (Insert amount you are willing to pay without additional information about the documents) If portions of the requested records are closed, please segregate the closed portions and provide me with the rest of the records. If any part of my request for access is denied, please provide a written statement for each legal ground for such denial. (Insert your name, address, phone number, or electronic mail address)

The information I obtain through this request will be used to _________________ (Tell how you will use the information and why that use is in the public interest) Please let me know in advance of any search or copying if the fees will exceed $_________ (Insert amount you are willing to pay without additional information about the documents) If portions of the requested records are closed, please segregate the closed portions and provide me with the rest of the records. If any part of my request for access is denied, please provide a written statement for each legal ground for such denial. (Insert your name, address, phone number, or electronic mail address) Missouri Sunshine Law 21 PUBLIC GOVERNMENTAL BODIES AND PUBLIC MEETINGS JOHNSON v. STATE, 366 S.W.3d 11 (Mo. 2012) Reapportionment commission (consisting of six judges from state appellate courts) appointed by Supreme Court pursuant to Art. III, Sec. 2 of the State Constitution, is a “judicial entity.” Because the commission was not acting in an administrative capacity, it was not a “public governmental body” under the sunshine law. STEWART v. WILLIAMS COMMUNICATIONS, INC., 85 S.W.3d 29 (Mo. App. W.D. 2002) A private, for-profit corporation that lacks the power to formulate public policy, make rules, or tax and is not one of the specific entities included in the definition in § 610.010(4), RSMo, is not a public governmental body. Thus, the fact that a utility company possessed eminent domain power did not make it a public governmental body. SNL SECURITIES, L.C. v. NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, 23 S.W.3d 734 (Mo. App. W.D. 2000) A national association of the chief insurance regulators of all 50 states did not constitute a quasi-public governmental body and therefore was not required to comply with the Sunshine Law. NORTH KANSAS CITY HOSPITAL BOARD OF TRUSTEES v. ST. LUKE’S NORTHLAND HOSPITAL, 984 S.W.2d 113 (Mo. App. W.D. 1998) A nonprofit corporation created to carry out the purposes of a municipal hospital and controlled by the hospital’s board of trustees is a quasi-public governmental body and therefore is subject to the Sunshine Law. DEFINO v. CIVIC CENTER CORP., 780 S.W.2d 665 (Mo. App. E.D. 1989) No issue of a Sunshine Law violation was presented to the court where less than a quorum of a board of aldermen met with constituents. The court determined the Sunshine Law does not require public notice of every meeting between a constituent and an alderman. CHARLIER v. CORUM, 774 S.W.2d 518 (Mo. App. W.D. 1989) A county sheriff is a “public governmental body” within the meaning of § 610.010(4), RSMo, because the office of sheriff is an administrative entity created by state statute. Court Decisions and Attorney General Opinions

W.D. 1989) A county sheriff is a “public governmental body” within the meaning of § 610.010(4), RSMo, because the office of sheriff is an administrative entity created by state statute. Court Decisions and Attorney General Opinions Missouri Sunshine Law 22 KANSAS CITY STAR COMPANY v. SHIELDS, 771 S.W.2d 101 (Mo. App. W.D. 1989) A violation of the Sunshine Law occurred when three members of a four- person budget committee of the city council met with the city budget officer and city manager and discussed the city budget in a luncheon meeting that was not announced as required by § 610.020, RSMo. COLOMBO v. BUFORD, 935 S.W.2d 690 (Mo.App. W.D. 1996) A “social” gathering is one where persons gather in pleasant companionship with friends and associates. The standard dictionary definition of “informal” is “not formal; conducted or carried out without formal, regularly prescribed or ceremonious procedure; unofficial.” “Unofficial” is defined as “not belonging to, emanating from, or sanctioned or acknowledged by a governing body.” RECORDS REQUESTS JONES v. JACKSON COUNTY CIRCUIT COURT, 162 S.W.3d 53 (Mo.App. W.D. 2005) The Sunshine Law does not require a government body to create a new record upon request, but only to provide access to existing records held or maintained by the public governmental body. STATE ex rel. GRAY v. BINGHAM, 622 S.W.2d 734 (Mo.App. E.D., 1981) Occupancy permits issued by a city are “public records.” Citizens have a right to inspect and copy public records even if there is no apparent legal interest to be subserved, during business hours and subject to reasonable conditions. ANDERSON v. VILLAGE OF JACKSONVILLE, 103 S.W.3d 190 (Mo. App. W.D. 2003) Anyone seeking access to public records must communicate a request in language that a reasonably competent custodian of the records would understand. The custodian must be able to identify records with reasonable specificity in order to be able to provide access to them.

Open full document View original source Report an error →