Citation in context
Missouri Sunshine Law Open Meetings and Records law.pdf
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
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 Missouri Sunshine Law 31 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, 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
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 (g) Any bi-state development agency established pursuant to section 70.370;