See also, Hemeyer v. KRCG-TV, p. 39. Missouri Sunshine Law 26 LAUT v. CITY OF ARNOLD, 491 S.W.3D 191 (Mo. banc 2016) A knowing violation of the Sunshine Law occurs when a public governmental body has actual knowledge that its conduct violates a statutory provision. LAW ENFORCEMENT RECORDS STATE EX REL. PULITZER MISSOURI NEWSPAPERS, INC. v. SEAY, 330 S.W.3d 823 (Mo. App. S.D. 2011) City’s former police chief was given a suspended imposition of sentence and placed on probation. The court ordered the file to be a closed and confidential file. Thereafter, the judge denied a newspaper publisher’s request to review file. The court of appeals found the publisher was entitled to review the file because the former chief’s case was not finally terminated as of the date of the request. Section 610.105, RSMo, provides records of a suspended imposition of sentence are closed records when the case is finally terminated. On the date the publisher inquired about the file, the case had not been finally terminated because the former chief, who had received a suspended sentence, had not yet completed his probation. GUYER v. CITY OF KIRKWOOD, 38 S.W.3d 412 (Mo. 2001) A complaint alleging criminal misconduct by a police officer is an “incident report,” and a report concerning investigation into the complaint is an “investigative report” under § 610.100, RSMo. Those records can be closed only on grounds specified in § 610.100, RSMo, for closing law enforcement records. They cannot be closed under § 610.021(3) or (13), RSMo, on grounds that they are personnel records or related to disciplining or firing of an employee. STATE EX. REL. GOODMAN v. ST. LOUIS BOARD OF POLICE COMMISSIONERS, 181 S.W.3d 156 (Mo. App. E.D. 2005) An “incident report” as defined in § 610.100, RSMo, only includes those elements described in its definition. Other information, such as phone numbers and addresses, is not subject to disclosure. SCROGGINS v. MISSOURI DEPARTMENT OF SOCIAL SERVICES, 227 S.W.3d 498 (Mo. App. W.D. 2007) The director of the Children’s Division has discretion to release records and reports that it generates, but investigative reports of law enforcement agencies provided to the Children’s Division are closed records under § 610.100.2, RSMo, until the law enforcement investigation becomes inactive. NEWS-PRESS AND GAZETTE CO. v. CATHCART, 974 S.W.2d 576 (Mo. App. W.D. 1998) A coroner is a public governmental body under § 610.010, RSMo. But an autopsy report used in an active investigation is an “investigative report” and is closed under § 610.100, RSMo.

W.D. 1998) A coroner is a public governmental body under § 610.010, RSMo. But an autopsy report used in an active investigation is an “investigative report” and is closed under § 610.100, RSMo. Missouri Sunshine Law 27 COX v. CITY OF CHILLICOTHE, Opinion filed February 13, 2019, WD81748 The penalty provision within Section 610.027, RSMo., for violations of 610.010 through 610.026 does not apply to potential violations of sections 610.150 and 610.100.2, pertaining specifically to law enforcement records. Further, Section 610.021 is a permissive statute that allows, but does not require, a governmental body to close certain meetings, records, and votes, and it does not provide a punishment for the opening of covered records to the extent a body so chooses. Existing penalty provisions are to be read closely. ATTORNEY GENERAL OPINIONS Occasionally the Attorney General’s Office will opine on matters related to the Sunshine Law. While these opinions do not carry the force of law, they are indications of this Office’s positions on questions related to these statutes, which the Attorney General has a role in enforcing. The information below was derived from Attorney General opinions issued over the years, is not exhaustive, and is provided only for informational purposes. The following are examples of entities meeting the definition of “Public Governmental Body,” and required to abide by the Sunshine Law: • A school district budget “task force” appointed by the superintendent to make proposals. • A municipality’s “citizen advisory committee.” • A board of jury commissioners, when acting in an administrative capacity. • A “board of visitors” established under Section 221.320, RSMo. The following are examples of “quasi-public governmental bodies,” and required to abide by the Sunshine Law: • A sheltered workshop established by a non-profit corporation. • The Missouri School Boards Association. The following are examples of types of information that cannot be closed under the Sunshine Law: • A list of personal care attendants’ addresses. • The votes of each member of a board or council during closed session, even if the information considered during the closed meeting may be closed.

The following are examples of “quasi-public governmental bodies,” and required to abide by the Sunshine Law: • A sheltered workshop established by a non-profit corporation. • The Missouri School Boards Association. The following are examples of types of information that cannot be closed under the Sunshine Law: • A list of personal care attendants’ addresses. • The votes of each member of a board or council during closed session, even if the information considered during the closed meeting may be closed. Missouri Sunshine Law 28 • Telephone billing records of members of the General Assembly. • Property record cards prepared and retained by a county assessor. • Records of the information set out in Section 290.290, RSMo., if retained by the body. • Records relating to permits to acquire a concealable firearm retained by a county sheriff (though Missouri’s concealed-carry law contains its own confidentiality provisions in Section 571.101.9, RSMo.) • Public meetings regarding consideration of volunteers to citizen boards may not be closed, because board members, like elected officials, are not “employees” of the body. When closing a meeting or a record, reference to the number of the relevant subdivision in the § 610.021, RSMo, list of exceptions to openness (for example, § 610.021(1), RSMo) is sufficient to meet the requirement of § 610.022, RSMo. A recitation of the words in the relevant subdivision is not required. Pursuant to § 610.022.2, RSMo, notice of a closed meeting of a public governmental body must include the time, date, and place of the meeting and a reference to the specific statutory exception allowing the meeting to be closed; however, notice of a closed meeting is not required to include a tentative agenda. Once a public governmental body has properly voted to close a meeting, all members of the general public should be removed from the meeting. The governmental body cannot discriminate regarding which members of the public it might wish to remove or allow to stay, though the case of Smith v. Sheriff, 982 S.W.2d 775 (Mo. App. E.D. 1998), recognizes that a body may allow certain members of the public into a closed meeting to provide information to the body.

App. E.D. 1998), recognizes that a body may allow certain members of the public into a closed meeting to provide information to the body. Missouri Sunshine Law 29

Missouri Sunshine Law 29 Missouri Sunshine Law 30 610.010. 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; (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 The Sunshine Law