Missouri Sunshine Law Open Meetings and Records law.pdf
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Missouri Sunshine Law
ERIC SCHMITT
Open Meetings and Records Law
MISSOURI ATTORNEY GENERAL
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Missouri Sunshine Law
W
ith the passage of Senate Bill 1 in 1973, Missouri became one of the
earliest advocates for opening meetings and records – at all levels of
government – to the people.
The Sunshine Law declares Missouri’s commitment to openness in
government in § 610.011, RSMo.: “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.”
The law sets out the limited instances when meetings, records, and votes may
be closed, while stressing that these exceptions are to be strictly interpreted
to promote the public policy of openness.
Public meetings, including meetings conducted by telephone, internet, or
other electronic means are to be held at reasonably convenient times and
must be accessible to the public. Meetings should be held in facilities that
are large enough to accommodate anticipated attendance by the public and
accessible to persons with disabilities.
A healthy democracy relies on an engaged citizenry informed by transparent
government officials. We are proud to provide you with this Sunshine Law
booklet, and hope that you find the resources in its pages useful. Whether
you are a public official, a public employee, or an involved member of your
community, you serve an important role in ensuring that government – at
every level – works for us all.
Sincerely,
Eric Schmitt
Attorney General
Introduction
The Sunshine Law brings transparency and fairness to all aspects of government.
Missouri Sunshine Law
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Sunshine Law: Top Ten Things to Know
1.
When in doubt, a meeting or record of a public body should be opened
to the public.
2.
The Sunshine Law applies to all records, regardless of what form they are
kept in, and to all meetings, regardless of the manner in which they
are held.
3.
The Sunshine Law allows a public body to close meetings and records to
the public in some limited circumstances, but it almost never requires a
public body to do so.
4.
Except in emergency situations, a public body must give at least 24 hours’
public notice before holding a meeting. If the meeting will be closed to
the public, the notice must state the specific provision within Section
610.021, RSMo., that allows the meeting to be closed.
5.
Each public body must have a written Sunshine Law policy and a
custodian of records whose name is available to the public upon request.
6.
The Sunshine Law requires a custodian of records to respond to a records
request as soon as possible but no later than three business days after the
custodian receives it.
7.
The Sunshine Law deals with whether a public body’s records must be
open to the public, but it generally does not state what records the body
must keep or for how long. A body cannot, however, avoid a records
request by destroying records after it receives a request for those records.
For more information concerning records retention schedules, please visit
the Missouri Secretary of State’s Website – the Local Records Division for
local public governmental bodies, and the Records Management Division
for state agencies.
8.
The Sunshine Law allows for public meetings to be both audio and
video recorded by attendees. Each public governmental body may set
up guidelines regarding the recording process. These guidelines can be
found in the body’s Sunshine Law Policy. No one is allowed to record a
closed meeting, if they are not given permission to do so.
9.
When responding to a request for copies of its records, the Sunshine Law
limits how much a public body can charge – per page, and per hour – for
copying and research costs.
10. There are specific provisions governing access to law enforcement and
judicial records.
Missouri Sunshine Law 3
Table of Contents
Inside the Sunshine Law
A Citizen’s Guide to Missouri’s Sunshine Law............................................................4
Public Policy Favoring Openness................................................................................4
Enforcement of the Sunshine Law..............................................................................4
Meetings of Public Governmental Bodies................................................................6
Records of Public Governmental Bodies...................................................................7
Charges Allowed................................................................................................................8
Brief Summary Regarding Law Enforcement Records.........................................8
FAQs – Public Governmental Body.................................................................................9
FAQs – Law Enforcement...................................................................................................13
Sample Forms.........................................................................................................................15
Resolution..........................................................................................................................15
Notice of Open Meeting...............................................................................................16
Notice of Closed Meeting.............................................................................................17
Notice of Open Meeting and Vote to Close Part of Meeting...........................18
Request to have Objection to Closed Meeting Entered into Minutes.........19
Request Form...................................................................................................................19
Records Request Form..................................................................................................20
Court Decisions and Attorney General Opinions..................................................21
Public Governmental Bodies and Public Meetings............................................21
Records Requests...........................................................................................................22
Open Records and Meetings......................................................................................23
Closure Permitted..........................................................................................................24
Fees.....................................................................................................................................24
Enforcement and Penalties for Purposeful or Knowing Violations...............25
Law Enforcement Records...........................................................................................26
Attorney General Opinons..........................................................................................27
The Sunshine Law – Chapter 610, RSMo...................................................................30
Transparency Policy.............................................................................................................72
Freedom of Information Act............................................................................................73
Missouri Sunshine Law
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A Citizen’s Guide to Missouri’s Sunshine Law
While it is important to familiarize yourself with the entire text of the
Sunshine Law, this portion is dedicated to providing its core tenets in plain,
straightforward language. We hope it serves as an accessible foundation upon
which you may build an in-depth understanding of this important set
of statutes.
PUBLIC POLICY FAVORING OPENNESS
Except when closure is allowed by law, all public meetings and public records
of public governmental bodies must be open and available to the public,
and all of their public votes shall be recorded. Meetings and records of public
governmental bodies may (though not “shall”) be closed for the reasons listed
in Section 610.021, RSMo. (including, but not limited to, privileged discussions
with a body’s lawyers or auditors, certain personnel matters, sealed bids until
opened, social security numbers, and certain public safety, security system,
and computer access information.)
The Sunshine Law applies to “public governmental bodies” – virtually all arms
of state and local government, as well as “quasi-public governmental bodies,”
which are persons or corporations which, primarily, enter into contracts with
public governmental bodies, accept public funds, or perform public functions.
Subcommittees appointed to make recommendations to public bodies are
also covered by the law.
Each public governmental body must have a written Sunshine Law policy
available to members of the public, and a Custodian of Records whose name
is available to the public upon request.
ENFORCEMENT OF THE SUNSHINE LAW
A lawsuit to enforce the Sunshine Law may be brought by any citizen, county
prosecutor, or the Attorney General, in the circuit court of the county where
the public governmental body has its principal place of business. Suit must be
filed within one year from when the violation is ascertainable, and in no event
later than two years after the violation occurred.
Statute provides specific consequences for violating the Sunshine Law.
“Knowing” violations result in civil fines up to $1,000.00. “Purposeful”
violations result in civil fines up to $5,000.00, plus attorneys’ fees. Injunctive
relief is also available. When the public interest requires, courts may void
actions taken in violation of the Sunshine Law.
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Missouri Sunshine Law
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Complaints and concerns regarding enforcement of Missouri’s Sunshine
Law may be directed to the Missouri Attorney General’s Office or any local
prosecuting attorney.
MEETINGS OF PUBLIC GOVERNMENT BODIES
Meetings of public governmental bodies, where a quorum is present, and
public business is discussed, are subject to the Sunshine Law. This includes
telephone conferences and internet chat sessions, as well as meetings, or
a series of meetings, each involving fewer than a quorum of the members,
but collectively involving a quorum of the public body, where the body’s
members deliberately attempt to discuss public business while evading the
Sunshine Law.
Notices of all meetings must be posted at least 24 hours in advance. If the
meeting will be conducted by telephone, or by other electronic means,
the notice must identify how the meeting will be conducted, as well as
instructions explaining how the public may observe.
Notices of open meetings must contain the date, time, place, and tentative
agenda of the meeting.
Notices of closed meetings must contain the date, time, and place of the
meeting, and the specific reason in Section 610.021, RSMo., that allows for
closing the meeting. In closed meetings, only business directly related to
the reason for closure may be discussed. Roll call votes must be taken on the
motion to close a meeting, and each vote taken during a closed meeting must
be a roll call vote, with each vote recorded in the meeting minutes.
Meeting minutes must record the date, time, and place of the meeting, the
members present and absent, and records of all votes taken. Topics about
which members of the public did not receive at least 24 hours’ notice should
not be discussed during the meeting, unless it is impossible or impractical to
provide 24 hours’ notice, in which case the reason for not providing 24 hours’
notice must be noted in the minutes.
Public governmental bodies are required to allow recording at open
meetings, though they may set rules within their Sunshine Law policy to
minimize disruption. Recording a closed meeting without permission of the
public governmental body is a class C misdemeanor.
While the Sunshine Law mandates that most meetings of public
governmental bodies shall be open to the public, it does not require that
members of the public be permitted to speak at these meetings.
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RECORDS OF PUBLIC GOVERNMENT BODIES
Records prepared or retained by or for public governmental bodies are
subject to the Sunshine Law. Law enforcement records are subject to the
same presumption of openness applicable to other public records, and
receive separate treatment under the Sunshine Law.
Record requests should be directed to a public governmental body’s
Custodian of Records. While not required, it may be helpful to submit requests
in writing. A request for general information or stray data is not necessarily
the same thing as a request for records unless that information or data is
found within an existing record. Requests should be prepared carefully and
precisely, and the best practice is to cite Chapter 610, RSMo., in a written
request. Public governmental bodies are not required to create records in
order to respond to a records request. A standard records request form is
included at the end of this guide.
The Custodian of Records must respond to requests within three business
days, by: (1) providing the requested records; (2) informing the requestor that
the records sought are closed, and citing the proper provision for closure; or,
(3) explaining the cause of the delay and estimating when the records will be
provided. The day a request is received by the Custodian of Records does not
count as one of the three business days. The time for providing access may
exceed three business days for reasonable cause.
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Public governmental bodies are strongly encouraged to make information
available in usable electronic formats, and requests that records be provided
in a particular format must be honored if the public governmental body is
able to produce the record in the format requested.
If the Custodian of Records determines that requested records are closed,
then he or she must explain the reason for closure in writing, citing the
specific provision permitting closure, within three days of request
for explanation.
If a record contains both open and closed material, access must be provided
to the open material.
CHARGES ALLOWED
Copy fees of not more than 10 cents per page 9” x 14”, or smaller, plus
research time, (billed at actual cost of employees that result in the lowest
amount of charges for search, research, and duplication time), are allowed.
Persons requesting public records may request an estimate of the cost. Public
governmental bodies may require advance payment of fees, and may also
decide to reduce or waive fees in the public interest.
BRIEF SUMMARY REGARDING LAW ENFORCEMENT RECORDS
Records relating to law enforcement operations are addressed in a specific
set of statutes within Chapter 610. In general, all incident and arrest reports
are open records, but mobile video recordings and investigative reports are
closed records until the investigation becomes inactive, as is an arrest record
if the person arrested is not charged within 30 days. Other exceptions apply
with respect to certain mobile video recordings and portions of records
which, if released, would endanger victims, witnesses, undercover officers,
or other persons, or which would jeopardize a criminal investigation. Special
rules apply to information gained from 911 calls, and particularly graphic
crime scene photographs and videos are generally closed.
CONCLUSION
Again, this brief summary is included in order to give a broad understanding
of Sunshine Law basics. Before making any decision on behalf of a public
governmental body, be sure to review all relevant sections within
Chapter 610, RSMo.
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1) How much can a public governmental body charge for records
requests? Section 610.026.1(1), RSMo, allows a public governmental body
to charge up to 10 cents per page for standard paper copies, the average
hourly rate of pay for clerical staff to duplicate documents, and the actual cost
of the research time for fulfilling the request. This provision also requires that
the public governmental body use the lowest salaried employees capable
of searching, researching, and copying the records. Fees for accessing
records on other media, or non-standard paper copies, shall reflect actual
cost involved. The requestor may wish to ask for a breakdown of the costs
associated with the request to determine how the public governmental body
arrived at the final charge.
2) Our board goes in to closed session and we don’t know what
they are going to talk about. Don’t they have to let us know why
they are closing the meeting? Yes. Section 610.022, RSMo, requires that
public governmental bodies give at least 24 hours notice of each proposed
closed meeting and the reason for holding it by reference to the specific
exception allowed under § 610.021, RSMo. Section 610.022, RSMo, also states
that no public governmental body can move from an open meeting into a
closed meeting without a roll call vote, and that the vote and the specific
section of § 610.021, RSMo, shall be publicly announced and entered in to
the minutes.
3) I was told my request would be ready in 2 weeks. Doesn’t the
Sunshine Law say they have to give me the records in 3 days?
Section 610.023.3, RSMo, requires that each request be responded to as soon
as possible, but no later than the end of the third business day following
the custodian of records’ receipt of the request. If access is not granted
immediately, the custodian of records is required to explain the reason for
the delay and the earliest date and time that the records will be available.
Therefore, public governmental bodies are allowed to exceed the three days
for production, but they are required to notify you of the delay and explain
when they anticipate the records will be ready.
4) Can a public governmental body add items to the agenda
after it has been posted? Section 610.020.1, RSMo, requires public
governmental bodies to post a notice and a tentative agenda for each
meeting, and that the agenda be constructed in a manner reasonably
calculated to advise the public of the matters to be considered. Further,
§ 610.020.2, RSMo, requires that this notice be posted at least 24 hours in
FAQs - Public Government Body
Missouri Sunshine Law
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advance of the meeting. However, § 610.020, RSMo, includes an exception
that, if for good cause, 24 hours notice is impossible or impractical, the public
governmental body shall give as much notice as possible. Also, the nature of
the good cause justifying the departure from normal requirements shall be
stated in the minutes.
5) Members of the board get together and talk about business
outside of meetings. Is that a violation? Under the Sunshine Law, a
meeting takes place when a majority or quorum of a public governmental
body gathers to discuss or vote on public business (§ 610.010(5), RSMo, and
Colombo v. Buford, 935 S.W.2d 690 (Mo. App. W.D. 1996)). Therefore, if less
than a quorum of the public body meets to discuss public business, it is not
a “meeting” as defined under the Sunshine Law. However, the Sunshine Law
will apply to meetings of groups with less than a quorum when the entity
is deliberately attempting to evade the Sunshine Law. See, Colombo, cited
above. For example, a public governmental body may not purposely meet
in groups with less than a quorum to discuss public business and then ratify
those decisions in a subsequent public meeting.
6) Board members e-mail each other about public business – is
that considered a meeting? Pursuant to § 610.010(5), RSMo, a public
meeting exists when a public body meets and public business is discussed,
decided, or public policy is formulated. A single e-mail about an issue would
not in and of itself constitute a meeting requiring advance notice. However,
by § 610.025, RSMo, any member of a public governmental body who sends
an e-mail relating to public business to a majority of the body shall also send
a copy to the member’s public office computer or to the custodian of records
to be retained as a public record.
7) A requestor refuses to use our request form and sends
numerous e-mails with requests for records. Can we require that
they fill out our standard request form? Section 610.023.3, RSMo,
requires that each request for access to public records is to be responded
to as soon as possible; it does not specify a manner in which these requests
must be submitted. Therefore, a public governmental body may ask that
requestors fill out a form, but it can’t require them to do so.
8) Who can impose penalties for Sunshine Law violations? Only a
court can impose penalties if it finds that the Sunshine Law has been violated,
and penalties are assessed only if the violation is found to be knowing or
purposeful. A court may also void any action that was taken in violation of
the law, but it is at the court’s discretion, after considering if it is in the public
interest to do so.
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9) How may we state our motion when we want to enter into a
closed session? One sample motion is: “I move that this meeting be closed,
and that all records and votes, to the extent permitted by law, pertaining to
and/or resulting from this closed meeting be closed under Section 610.021,
subsection(s) ___, RSMo, for the purpose of (insert the language of the
provision(s) cited).”
Please note that the public governmental body should only cite those
subsections that are applicable to the material it intends to close (not a
standard list of several subsections).
10) Who is subject to the Sunshine Law? To determine if the Sunshine
Law applies to a body, refer to the definition of public governmental body in
§ 610.010, RSMo, p. 4, which includes, but is not limited to:
• public bodies created by state constitution or statutes;
• public bodies created by order or ordinance of any political subdivision
or district;
• judicial entities when operating in an administrative capacity;
• public bodies created by executive order, including:
✓
✓any advisory committee or commission appointed by the
governor by executive order;
✓
✓any department or division of the state;
✓
✓any department or division of any political subdivision of the
state;
✓
✓any department or division of any county or of any municipal
government;
✓
✓any department or division school district;
✓
✓any department or division of a special purpose district including
but not limited to sewer districts and water districts; and
✓
✓other subdistricts of any political subdivision;
• 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; and
• certain committees or advisory boards appointed by any of the
above entities.
Note: The custodian of records of any public governmental body shall
maintain a list of the policy advisory committees described in
this section.
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Or, a body may qualify as a quasi-governmental body under the Sunshine
Law, which is defined in § 610.010(4), RSMo, p. 5, and includes, but is not
limited to:
• any person, corporation or partnership organized or authorized to do
business in this state by the provisions of chapter 352, 353, or 355,
RSMo, or an unincorporated association which either:
i. has as its primary purpose to:
✓
✓enter into contracts with public governmental bodies; or
✓
✓engage primarily in activities carried out pursuant to an
agreement or agreements with public governmental bodies; or
ii. performs a statutorily-based public function to:
✓
✓allocate or issue tax credits, tax abatement, public debt, tax-
exempt debt, rights of eminent domain; or
✓
✓contract leaseback agreements on structures whose
annualized payments commit public tax revenues.
• 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.
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1) Should a juvenile’s name be redacted from a police report
before being released pursuant to a Sunshine Law request? Section
610.100, RSMo, does not directly address the names of juveniles, but another
statute that should be considered is § 211.321.3, RSMo, which states: “Peace
officers’ records. . . of children . . . shall not be open to inspection or their
contents disclosed, except by order of the court.”
2) Are criminal records related to a case with a suspended
imposition of sentence open or closed records? If an individual
receives a suspended imposition of sentence (SIS), the records are open
during the period of probation. Once the individual successfully completes
the period of probation, the records are then closed. Section 610.105, RSMo.
3) Are motorists involved in automobile accidents entitled to
an accident report, even if the case is under review with the
prosecutor about pending charges? Generally, a person who was
“involved in any incident or whose property is involved in an incident” is
entitled to records that might otherwise be closed, including an accident
report, “for purposes of investigation of any civil claim or defense.” This
includes the individual’s lawyer, insurance company, or close family member.
Section 610.100.4, RSMo. See also Question 4, below.
4) Under what circumstances can a police agency deny access to
police reports that might otherwise be open? Sections 610.100.3
and 610.100.4, RSMo, state that the agency has the authority to withhold
the disclosure of records that may otherwise be subject to disclosure under
two circumstances. First, if the agency has an articulable concern over
the safety of a victim, witness, or other person if the record is revealed.
Second, disclosure is not necessary if the criminal investigation is likely to be
jeopardized. However, the agency may need court approval for withholding
this information.
5) Is an employer entitled to closed criminal records of a
prospective employee? Under § 610.120, RSMo, a number of employers
(including police agencies) are entitled to closed records for employment
purposes. This section also states that the defendant can also have access to
his or her closed records. Therefore, a prospective employee can allow other
prospective employers to access those closed records, if a proper waiver
is signed.
FAQs - Law Enforcement
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6) Can a criminal defendant access police records related to his
pending case under the Sunshine Law? No. Attorney General Opinion
No. 200-94 states that if criminal charges are filed, disclosures of police reports
should occur under the applicable Rules of Criminal Procedure promulgated
by the Missouri Supreme Court. As a result, the defendant is generally
required to seek his disclosures from the prosecuting attorney and not the law
enforcement agencies directly.
7) How detailed must an incident report be in describing the
“immediate facts and circumstances” of the crime or incident?
An incident report provides the general public with only the most basic
information about each incident to which the law enforcement agency is
called to respond. In some cases, it may be sufficient to describe the incident
as a “vehicle accident” or “domestic assault,” but in other situations more detail
may be appropriate.
8) What information is available from a 911 call? The information that
is generally available or open regarding a 911 call is the “incident information”
– the date, time, specific location, and immediate facts and circumstances of
the call. The recording is inaccessible to the public. Section 610.150, RSMo.
9) Are closed records to be destroyed? No, as a general rule, closed
records are to be retained but made inaccessible to the public.
Section 610.120, RSMo.
Missouri Sunshine Law 15
S
ection 610.028, RSMo, requires a public governmental body to provide a
reasonable written policy. Following is a sample resolution.
RESOLUTION
Section 610.023.1, RSMo, provides that a public governmental body is
to appoint a custodian to maintain that body’s records and the identity and
location of the custodian is to be made available upon request.
Section 610.026, RSMo, sets forth that a public governmental body shall
provide access to and, upon request, furnish copies of public records.
Section 610.028.2, RSMo, provides that a public governmental body
shall provide a reasonable written policy in compliance with §§ 610.010 to
610.030, RSMo, regarding the release of information on any meeting, record,
or vote.
IT IS RESOLVED:
1. That (insert name of custodian) is appointed custodian of the records
of (insert name of public governmental body) and that such custodian is
located at (insert specific location, including room, street, address, city,
and state).
2. That said custodian shall respond to all requests for access to or copies of
a public record within the time period provided by statute except in those
circumstances authorized by statute.
3. That the fees to be charged for access to or furnishing copies of records
shall be as hereinafter provided: (Insert fee schedule. Note: Fees may not
exceed 10 cents per page for paper copies 9 by 14 or smaller, plus an
hourly fee for duplicating time not to exceed the average hourly rate
of pay for clerical staff of the public governmental body. Research time
may be billed at actual cost.)
4. That it is the public policy of (insert name of public governmental
body) that meetings, records, votes, actions, and deliberations of this body
shall be open to the public except as provided by: (list provisions of §
610.021, RSMo, and other applicable provisions the body wishes to rely on
to close records), which records shall be closed as allowed by law.
5. That (insert name of governmental body) shall comply with §§ 610.010
to 610.225, RSMo, the Sunshine Law, as now existing or hereafter amended.
Sample Forms
Missouri Sunshine Law
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NOTICE OF OPEN MEETING
This suggested form is intended for use when a public governmental body
plans to conduct an open meeting.
(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 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):
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
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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).
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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).
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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.
Missouri Sunshine Law
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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)
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
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.
CHASNOFF v. MOKWA,
466 S.W.3D 571 (Mo.App. E.D., 2015)
The Sunshine Law does not provide for a cause of action against a
governmental entity requiring it to close its records. Such a claim must be
asserted under a different statute or constitutional provision. The purpose of
the Sunshine Law is to open official conduct to the public.
Missouri Sunshine Law 23
OPEN RECORDS AND MEETINGS
HEMEYER v. KRCG-TV, 6 S.W.3d 880 (Mo. 1999)
A security videotape of a booking at a county jail is a public record even
though the videotape is retained for only days. Also, a public body that brings
an action under § 610.027.5, RSMo, to determine its responsibility under the
Sunshine Law is liable for reasonable attorney fees because the body brings
suit at its own expense under that section.
SPRADLIN v. CITY OF FULTON, 982 S.W.2d 255 (Mo. 1998)
A city’s closed-meeting discussions of a proposed golf course violate the
Sunshine Law when the discussions do not involve the city’s proposed lease
of that golf course pursuant to § 610.021(2), RSMo.
DEATON v. KIDD, 932 S.W.2d 804 (Mo. App. W.D. 1996)
A public governmental body may not restrict public access to records by
selling exclusive rights to computer tapes of public records to a bidder who
then provides the records at a cost to the public.
PULITZER PUBLISHING CO. v. MISSOURI STATE EMPLOYEES’ RETIREMENT
SYSTEM (MOSERS), 927 S.W.2d 477 (Mo. App. W.D. 1996)
A public governmental body may not promulgate a rule to close public
records where there is no statutory authority for that rule and the records
appear to be public pursuant to § 610.021(13), RSMo.
MISSOURI PROTECTION AND ADVOCACY SERVICES v. ALLAN,
787 S.W.2d 291 (Mo. App. W.D. 1990)
A preliminary draft of a report prepared by the U.S. Office of Special Education
Programs and in the possession of the Missouri Department of Elementary
and Secondary Education is a public record because it is a record retained by
a public governmental body. Section 610.010(6), RSMo, does not require a
record to be in final form.
LIBRACH v. COOPER, 778 S.W.2d 351 (Mo. App. E.D. 1989)
A severance agreement reached between a school district and
superintendent is a public record to be made available for inspection
and copying.
PROGRESS MISSOURI, INC.,v. MISSOURI SENATE,
494 S.W.3d 1 (Mo.App. W.D., 2016)
The right to record a meeting is satisfied if the public body is creating its own
recording. It is not a right for all to record, but a right for a recording to exist
and for access to that end product based upon the rules created by the body
to minimize disruption of the body’s proceedings.
Missouri Sunshine Law
24
CLOSURE PERMITTED
AMERICAN FAMILY MUTUAL INSURANCE CO. v. MISSOURI DEPARTMENT
OF INSURANCE, 169 S.W.3d 905 (Mo. App. W.D. 2005)
Under § 610.021(14), RSMo, a public body may rely on another statute, in this
case a trade secrets provision under §§ 417.450 through 417.467, RSMo, to
properly close certain insurance company records.
JONES v. HOUSING AUTHORITY OF KANSAS CITY,
174 S.W.3d 594 (Mo. App. W.D. 2005)
Identifying information of public housing tenants may be closed under the
Sunshine Law because those records fall within the exception relating to
“welfare cases of identifiable individuals” under § 610.021(8), RSMo.
STATE EX REL. MOORE v. BREWSTER, 116 S.W.3d 630 (Mo. App. E.D. 2003)
An attorney report on alleged misconduct by two school board members
is a closed record as legal work product, but must be shared with all board
members.
CITY OF ST. LOUIS v. CITY OF BRIDGETON,
806 S.W.2d 717 (Mo. App. E.D. 1991)
A public governmental body purchasing a number of contiguous parcels in a
single subdivision is authorized to close records relating to the price paid for
one parcel until all the parcels have been acquired.
FEES
R.L. POLK & CO. v. MISSOURI DEPARTMENT OF REVENUE,
309 S.W.3d 881 (Mo. App. W.D. 2010)
Department of Revenue established a $3.82 charge per electronic copy for
Missouri vehicle or driver’s license records, based on analysis of its costs to
maintain and provide electronic copies or records. Court ruled that DOR’s
uniform per electronic record fee was not authorized by § 610.026.1(2), RSMo,
in that it did not include only the costs of copies, staff time, and the cost of
the medium used for duplication. The court recognized that such costs do not
necessarily vary on a per record basis.
WEBSTER COUNTY ABSTRACT CO., INC. v. ATKISON,
328 S.W.3d 434 (Mo. App. S.D. 2010)
Recorder of Deeds charged a flat fee (per record charge) for all copies of
records as authorized by § 59.130, RSMo, which allows up to $2.00 for the first
page and up to $1.00 for each additional page. Charge bore no relationship
to actual costs. Abstract company filed suit claiming charges violated the
Sunshine Law, specifically § 610.026, RSMo. The court held the language at
the beginning of § 610.026, RSMo, “[e]xcept as otherwise provided by law”
permitted the per record charges authorized by § 59.310, RSMo.
Missouri Sunshine Law 25
ENFORCEMENT AND PENALTIES FOR PURPOSEFUL OR
KNOWING VIOLATIONS
SPRADLIN v. CITY OF FULTON, 982 S.W.2d 255 (Mo. 1998)
“Purposely” is defined as “intentionally; designedly; consciously; knowingly.”
An act is done ‘purposely’ if it is willed, is product of conscious design,
intent or plan that is to be done, and is done with awareness of probable
consequences. To purposely violate the open meetings law, a member of a
public governmental body must exhibit a “conscious design, intent, or plan” to
violate the law and do so “with awareness of the probable consequences.”
R.L. POLK & CO. v. MISSOURI DEPARTMENT OF REVENUE,
309 S.W.3d 881 (Mo. App. W.D. 2010)
Polk sought penalties alleging that Department of Revenue purposefully
violated the Sunshine Law. The court held that the mere intent to engage in
conduct is not purposeful, but a governmental body must exhibit a conscious
design, intent, or plan to violate the law with awareness of the probable
consequences. Where DOR attempted in the absence of statutory direction to
determine a charge based on its interpretation of costs its conduct was
not purposeful.
GREAT RIVERS ENVIRONMENTAL LAW CENTER v. CITY OF ST. PETERS,
290 S.W.3d 732 (Mo. App. E.D. 2009)
After Great Rivers requested records from the City, the City invoked its
right pursuant to § 610.027.6, RSMo, to seek an opinion from the Attorney
General regarding the legality of closing particular records. While opinion
request was pending, Great Rivers filed action alleging the City knowingly
and purposefully violated the Sunshine Law by not providing the requested
records. Court ruled that there was not sufficient evidence to find a knowing
or purposeful violation because the City availed itself of § 610.027.6, RSMo.
CLIENT SERVICES, INC. v. CITY OF ST. CHARLES,
182 S.W.3d 718 (Mo. App. E.D. 2006)
Once a party seeks judicial enforcement of the Sunshine Law, the public
governmental body has the burden to demonstrate compliance.
R.E.J., INC. v. CITY OF SIKESTON, 142 S.W.3d 744 (Mo. 2004)
City that violated the notice requirements for meeting in adopting an
ordinance may have that ordinance voided even if the city repealed the
ordinance after being sued.
CITY OF SPRINGFIELD v. EVENTS PUBLISHING CO.,
951 S.W.2d 366 (Mo. App. S.D. 1997)
If a public governmental body seeks a judgment declaring whether a record
is open or closed pursuant to § 610.027.5, RSMo, the body must pay both its
own costs of bringing the action and the respondent’s attorney fees. 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.
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.
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.
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
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
(g) Any bi-state development agency established pursuant to
section 70.370;
Missouri Sunshine Law
32
(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
Missouri Sunshine Law 33
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 or who are participating
via videoconferencing. 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 – recording of meet
ings to be allowed, guidelines, penalty – 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
Missouri Sunshine Law
34
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
website 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.
Missouri Sunshine Law 35
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 govern
mental 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;
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(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
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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, policies and specific response plans
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. Financial records related to the procurement of
or expenditures relating to operational guidelines, policies or plans
purchased with public funds shall be open. 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;
(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
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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;
(20) The portion of a record that identifies security systems or access codes
or authorization codes for security systems of real property;
(21) 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;
(22) 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; and
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(23) Records submitted by an individual, corporation, or other business
entity to a public institution of higher education in connection with a
proposal to license intellectual property or perform sponsored research
and which contains sales projections or other business plan information
the disclosure of which may endanger the competitiveness of a business.
(24) Records relating to foster home or kinship placements of children in
foster care under section 210.498.
610.022. Closed meetings, procedure and limitation – public
records presumed open unless exempt – objections to closing
meetings or records, procedure.
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.
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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
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.
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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, 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
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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.
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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, purposeful
violations – 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.
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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 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
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
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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
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, contracts for public records databases,
requirements, 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 usable electronic formats to
the greatest extent feasible. A public governmental body shall 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 online or stored in
an electronic record-keeping system used by the agency. Such contract shall
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 usable 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 shall
not take priority over the primary responsibilities of a public governmental
body. For purposes of this section the term “electronic services” means online
access or access via other electronic means to an electronic file or database.
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
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(2) Limit the liability of the public governmental body providing the
services.
3. Each public governmental body may consult with the information
technology services division 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
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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.
610.035. State entity not to disclose Social Security number,
exceptions.
No state entity shall publicly disclose any Social Security number of a living
person unless such disclosure is permitted by federal law, federal regulation
or state law or unless such disclosure is authorized by the holder of that Social
Security number or unless such disclosure is for use in connection with any
civil, criminal, administrative or arbitral proceeding in any federal, state or
local court or agency or before any self-regulatory body, including the service
of process, investigation in anticipation of litigation and the execution or
enforcement of judgments and orders, or pursuant to an order of a federal,
state or local court. Notwithstanding any other provision of law to the
contrary, the disclosure of Social Security numbers of deceased persons shall
be lawful, provided that the state agency disclosing the information knows
of no reason why such disclosure would prove detrimental to the deceased
individual’s estate or harmful to the deceased individual’s living relatives.
For the purposes of this section, “publicly disclose” shall not include the
use of any Social Security number by any state entity in the performance of
any statutory or constitutional duty or power or the disclosure of any Social
Security number to another state entity, political subdivision, agency of the
federal government, agency of another state or any private person or entity
acting on behalf of, or in cooperation with, a state entity. Any person or entity
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receiving a Social Security number from any entity shall be subject to the
same confidentiality provisions as the disclosing entity. For purposes of this
section, “state entity” means any state department, division, agency, bureau,
board, commission, employee or any agent thereof. When responding to any
requests for public information pursuant to this chapter, any costs incurred by
any state entity complying with the provisions of this section may be charged
to the requester of such information.
610.100. Definitions – arrest and incident records available to
public—closed records, when--record redacted, when--access to
incident reports, record redacted, when--action for disclosure
of investigative report authorized, costs--application to open
incident and arrest reports, violations, civil penalty--identity of
victim of sexual offense--confidentiality of recording.
1. As used in sections 610.100 to 610.150, the following words and phrases
shall mean:
(1) “Arrest”, an actual restraint of the person of the defendant, or by his or
her submission to the custody of the officer, under authority of a warrant or
otherwise for a criminal violation which results in the issuance of a
summons or the person being booked;
(2) “Arrest report”, a record of a law enforcement agency of an arrest and
of any detention or confinement incident thereto together with the charge
therefor;
(3) “Inactive”, an investigation in which no further action will be taken by a
law enforcement agency or officer for any of the following reasons:
(a) A decision by the law enforcement agency not to pursue the case;
(b) Expiration of the time to file criminal charges pursuant to the
applicable statute of limitations, or ten years after the commission of
the offense; whichever date earliest occurs;
(c) Finality of the convictions of all persons convicted on the basis of
the information contained in the investigative report, by exhaustion of
or expiration of all rights of appeal of such persons;
(4) “Incident report”, a record of a law enforcement agency consisting of
the date, time, specific location, name of the victim and immediate facts
and circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints
maintained by that agency;
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(5) “Investigative report”, a record, other than an arrest or incident report,
prepared by personnel of a law enforcement agency, inquiring into a crime
or suspected crime, either in response to an incident report or in response
to evidence developed by law enforcement officers in the course of their
duties;
(6) “Mobile video recorder”, any system or device that captures visual
signals that is capable of installation and being installed in a vehicle or
being worn or carried by personnel of a law enforcement agency and that
includes, at minimum, a camera and recording capabilities;
(7) “Mobile video recording”, any data captured by a mobile video
recorder, including audio, video, and any metadata;
(8) “Nonpublic location”, a place where one would have a reasonable
expectation of privacy, including, but not limited to a dwelling, school, or
medical facility.
2. (1) Each law enforcement agency of this state, of any county, and of any
municipality shall maintain records of all incidents reported to the agency,
investigations and arrests made by such law enforcement agency. All
incident reports and arrest reports shall be open records.
(2) Notwithstanding any other provision of law other than the provisions of
subsections 4, 5 and 6 of this section or section 320.083, mobile video
recordings and investigative reports of all law enforcement agencies are
closed records until the investigation becomes inactive.
(3) If any person is arrested and not charged with an offense against the
law within thirty days of the person’s arrest, the arrest report shall
thereafter be a closed record except that the disposition portion of the
record may be accessed and except as provided in section 610.120.
(4) Except as provided in subsections 3 and 5 of this section, a mobile video
recording that is recorded in a nonpublic location is authorized to be
closed, except that any person who is depicted in the recording or whose
voice is in the recording, a legal guardian or parent of such person if he or
she is a minor, a family member of such person within the first degree of
consanguinity if he or she is deceased or incompetent, an attorney for such
person, or insurer of such person, upon written request, may obtain a
complete, unaltered, and unedited copy of a recording under and pursuant
to this section.
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3. Except as provided in subsections 4, 5, 6 and 7 of this section, if any portion
of a record or document of a law enforcement officer or agency, other than
an arrest report, which would otherwise be open, contains information that
is reasonably likely to pose a clear and present danger to the safety of any
victim, witness, undercover officer, or other person; or jeopardize a criminal
investigation, including records which would disclose the identity of a
source wishing to remain confidential or a suspect not in custody; or which
would disclose techniques, procedures or guidelines for law enforcement
investigations or prosecutions, that portion of the record shall be closed and
shall be redacted from any record made available pursuant to this chapter.
4. Any person, including a legal guardian or a parent of such person if he
or she is a minor, family member of such person within the first degree of
consanguinity if such person is deceased or incompetent, attorney for a
person, or insurer of a person involved in any incident or whose property
is involved in an incident, may obtain any records closed pursuant to this
section or section 610.150 for purposes of investigation of any civil claim
or defense, as provided by this subsection. Any individual, legal guardian
or parent of such person if he or she is a minor, his or her family member
within the first degree of consanguinity if such individual is deceased or
incompetent, his or her attorney or insurer, involved in an incident or whose
property is involved in an incident, upon written request, may obtain a
complete unaltered and unedited incident report concerning the incident,
and may obtain access to other records closed by a law enforcement agency
pursuant to this section. Within thirty days of such request, the agency shall
provide the requested material or file a motion pursuant to this subsection
with the circuit court having jurisdiction over the law enforcement agency
stating that the safety of the victim, witness or other individual cannot be
reasonably ensured, or that a criminal investigation is likely to be jeopardized.
If, based on such motion, the court finds for the law enforcement agency,
the court shall either order the record closed or order such portion of the
record that should be closed to be redacted from any record made available
pursuant to this subsection.
5. (1) Any person may bring an action pursuant to this section in the circuit
court having jurisdiction to authorize disclosure of a mobile video
recording or the information contained in an investigative report of any law
enforcement agency, which would otherwise be closed pursuant to this
section. The court may order that all or part of a mobile video recording or
the information contained in an investigative report be released to the
person bringing the action.
(2) In making the determination as to whether information contained in an
investigative report shall be disclosed, the court shall consider whether the
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benefit to the person bringing the action or to the public outweighs any
harm to the public, to the law enforcement agency or any of its officers, or
to any person identified in the investigative report in regard to the need for
law enforcement agencies to effectively investigate and prosecute criminal
activity.
(3) In making the determination as to whether a mobile video recording
shall be disclosed, the court shall consider:
(a) Whether the benefit to the person bringing the action or the benefit
to the public outweighs any harm to the public, to the law enforcement
agency or any of its officers, or to any person identified in the mobile
video recording in regard and with respect to the need for law
enforcement agencies to effectively investigate and prosecute criminal
activity;
(b) Whether the mobile video recording contains information that is
reasonably likely to disclose private matters in which the public has no
legitimate concern;
(c) Whether the mobile video recording is reasonably likely to bring
shame or humiliation to a person of ordinary sensibilities; and
(d) Whether the mobile video recording was taken in a place where a
person recorded or depicted has a reasonable expectation of privacy.
(4) The mobile video recording or investigative report in question may be
examined by the court in camera.
(5) If the disclosure is authorized in whole or in part, the court may
make any order that justice requires, including one or more of the
following:
(a) That the mobile video recording or investigative report may be
disclosed only on specified terms and conditions, including a
designation of the time or place;
(b) That the mobile video recording or investigative report may be had
only by a method of disclosure other than that selected by the party
seeking such disclosure and may be disclosed to the person making
the request in a different manner or form as requested;
(c) That the scope of the request be limited to certain matters;
(d) That the disclosure occur with no one present except persons
designated by the court;
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(e) That the mobile video recording or investigative report be redacted
to exclude, for example, personally identifiable features or other
sensitive information;
(f) That a trade secret or other confidential research, development, or
commercial information not be disclosed or be disclosed only in a
designated way.
(6) The court may find that the party seeking disclosure of the mobile video
recording or the investigative report shall bear the reasonable and
necessary costs and attorneys’ fees of both parties, unless the court finds
that the decision of the law enforcement agency not to open the mobile
video recording or investigative report was substantially unjustified under
all relevant circumstances, and in that event, the court may assess such
reasonable and necessary costs and attorneys’ fees to the law enforcement
agency.
6. Any person may apply pursuant to this subsection to the circuit court
having jurisdiction for an order requiring a law enforcement agency to open
incident reports and arrest reports being unlawfully closed pursuant to this
section. If the court finds by a preponderance of the evidence that the law
enforcement officer or agency has knowingly violated this section, the officer
or agency 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 this section, the
court may order payment by such officer or agency of all costs and attorneys’
fees, as provided by section 610.027. If the court finds by a preponderance
of the evidence that the law enforcement officer or agency has purposely
violated this section, the officer or agency shall be subject to a civil penalty
in an amount up to five thousand dollars and the court shall order payment
by such officer or agency of all costs and attorney fees, as provided in section
610.027. 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 law enforcement officer or agency has violated this section
previously.
7. The victim of an offense as provided in chapter 566 may request that his
or her identity be kept confidential until a charge relating to such incident is
filed.
8. Any person who requests and receives a mobile video recording that
was recorded in a nonpublic location under and pursuant to this section is
prohibited from displaying or disclosing the mobile video recording, including
any description or account of any or all of the mobile video recording, without
first providing direct third-party notice to each person not affiliated with a law
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enforcement agency or each non-law enforcement agency individual whose
image or sound is contained in the recording, and affording, upon receiving
such notice, each person appearing and whose image or sound is contained
in the mobile video recording no less than ten days to file and serve an action
seeking an order from a court of competent jurisdiction to enjoin all or some
of the intended display, disclosure, description, or account of the recording.
Any person who fails to comply with the provisions of this subsection is
subject to damages in a civil action proceeding.
610.103. Criminal background check completed without fee,
when.
Notwithstanding any other provision of law to the contrary, whenever
a criminal background check is requested in connection with gaining
employment, housing or any other services or benefit of any homeless
former member of the organized militia or the armed forces of the United
States who has been honorably discharged, such background check shall be
completed and transmitted to the requesting party without any fee or other
compensation for such background check or copy of any relevant public
record pertaining to such request. For purposes of this section “homeless”
means an involuntary state characterized by a lack of housing or shelter.
610.105. Effect of nolle pros – dismissal – sentence suspended on
record – not guilty due to mental disease or defect, effect – official
records available to victim in certain cases.
1. If the person arrested is charged but the case is subsequently nolle prossed,
dismissed, or the accused is found not guilty or imposition of sentence is
suspended in the court in which the action is prosecuted, official records
pertaining to the case shall thereafter be closed records when such case
is finally terminated except as provided in subsection 2 of this section
and section 610.120 and except that the court’s judgment or order or the
final action taken by the prosecutor in such matters may be accessed. If
the accused is found not guilty due to mental disease or defect pursuant
to section 552.030, official records pertaining to the case shall thereafter
be closed records upon such findings, except that the disposition may be
accessed only by law enforcement agencies, child-care agencies, facilities as
defined in section 198.006, and in-home services provider agencies as defined
in section 660.250, in the manner established by section 610.120.
2. If the person arrested is charged with an offense found in chapter 566,
section 568.045, 568.050, 568.060, 568.065, 568.080, 568.090, or 568.175, and
an imposition of sentence is suspended in the court in which the action is
prosecuted, the official records pertaining to the case shall be made available
to the victim for the purpose of using the records in his or her own judicial
proceeding, or if the victim is a minor to the victim’s parents or guardian,
upon request.
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610.106. Suspended sentence prior to September 28, 1981,
procedure to close records.
Any person as to whom imposition of sentence was suspended prior to
September 28, 1981, may make a motion to the court in which the action
was prosecuted after his discharge from the court’s jurisdiction for closure of
official records pertaining to the case. If the prosecuting authority opposes
the motion, an informal hearing shall be held in which technical rules of
evidence shall not apply. Having regard to the nature and circumstances
of the offense and the history and character of the defendant and upon a
finding that the ends of justice are so served, the court may order official
records pertaining to the case to be closed, except as provided in section
610.120.
610.110. Failure to recite closed record excused – exceptions.
No person as to whom such records have become closed records shall
thereafter, under any provision of law, be held to be guilty of perjury or
otherwise of giving a false statement by reason of his failure to recite or
acknowledge such arrest or trial in response to any inquiry made of him
for any purpose, except as provided in section 491.050, RSMo, and section
610.120.
610.115. Penalty.
A person who knowingly violates any provision of section 610.100, 610.105,
610.106, or 610.120 is guilty of a class A misdemeanor.
610.120. Records to be confidential – accessible to whom,
purposes.
1. Except as otherwise provided under section 610.124, records required to
be closed shall not be destroyed; they shall be inaccessible to the general
public and to all persons other than the defendant except as provided in this
section and chapter 43. Closed records shall be available to: criminal justice
agencies for the administration of criminal justice pursuant to section 43.500,
criminal justice employment, screening persons with access to criminal justice
facilities, procedures, and sensitive information; to law enforcement agencies
for issuance or renewal of a license, permit, certification, or registration of
authority from such agency including but not limited to watchmen, security
personnel, private investigators, and persons seeking permits to purchase or
possess a firearm; those agencies authorized by chapter 43 and applicable
state law when submitting fingerprints to the central repository; the
sentencing advisory commission created in section 558.019 for the purpose
of studying sentencing practices in accordance with chapter 43; to qualified
entities for the purpose of screening providers defined in chapter 43; the
department of revenue for driver license administration; the department
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of public safety for the purposes of determining eligibility for crime victims’
compensation pursuant to sections 595.010 to 595.075, department of health
and senior services for the purpose of licensing and regulating facilities
and regulating in-home services provider agencies and federal agencies for
purposes of criminal justice administration, criminal justice employment,
child, elderly, or disabled care, and for such investigative purposes as
authorized by law or presidential executive order.
2. These records shall be made available only for the purposes and to the
entities listed in this section. A criminal justice agency receiving a request
for criminal history information under its control may require positive
identification, to include fingerprints of the subject of the record search, prior
to releasing closed record information. Dissemination of closed and open
records from the Missouri criminal records repository shall be in accordance
with section 43.509. All records which are closed records shall be removed
from the records of the courts, administrative agencies, and law enforcement
agencies which are available to the public and shall be kept in separate
records which are to be held confidential and, where possible, pages of the
public record shall be retyped or rewritten omitting those portions of the
record which deal with the defendant’s case. If retyping or rewriting is not
feasible because of the permanent nature of the record books, such record
entries shall be blacked out and recopied in a confidential book.
610.122. Arrest record expunged, requirements.
1. Notwithstanding other provisions of law to the contrary, any record of
arrest recorded pursuant to section 43.503 may be expunged if:
(1) The court determines that the arrest was based on false information and
the following conditions exist;
(a) There is no probable cause, at the time of the action to expunge, to
believe the individual committed the offense;
(b) No charges will be pursued as a result of the arrest; and
(c) The subject of the arrest did not receive a suspended imposition
of sentence for the offense for which the arrest was made or for any
offense related to the arrest; or
(2) The court determines the person was arrested for, or was subsequently
charged with, a misdemeanor offense of chapter 303 or any moving
violation as the term moving violation is defined under section 302.010,
except for any intoxication-related traffic offense as intoxication-related
traffic offense is defined under section 577.023 and:
(a) Each such offense or violation related to the arrest was
subsequently nolle prossed or dismissed, or the accused was found not
guilty of each offense or violation; and
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(b) The person is not a commercial driver’s license holder and was not
operating a commercial motor vehicle at the time of the arrest.
2. A record of arrest shall only be eligible for expungement under this section
if:
(1) The subject of the arrest has no prior or subsequent misdemeanor or
felony convictions; and
(2) No civil action is pending relating to the arrest or the records sought to
be expunged.
610.123. Procedure to expunge, supreme court to promulgate
rules – similar to small claims.
1. Any person who wishes to have a record of arrest expunged pursuant
to section 610.122 may file a verified petition for expungement in the
civil division of the circuit court in the county of the arrest as provided
in subsection 4 of this section. The petition shall include the following
information or shall be dismissed if the information is not given:
(1) The petitioner’s:
(a) Full name;
(b) Sex;
(c) Race;
(d) Date of birth;
(e) Driver’s license number;
(f) Social Security number; and
(g) Address at the time of the arrest;
(2) The offense charged against the petitioner;
(3) The date the petitioner was arrested;
(4) The name of the county where the petitioner was arrested and if the
arrest occurred in a municipality, the name of the municipality;
(5) The name of the agency that arrested the petitioner;
(6) The case number and court of the offense;
(7) Petitioner’s fingerprints on a standard fingerprint card at the time of
filing a petition to expunge a record that will be forwarded to the central
repository for the sole purpose of positively identifying the petitioner.
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2. The petition shall name as defendants all law enforcement agencies, courts,
prosecuting attorneys, central state depositories of criminal records or others
who the petitioner has reason to believe may possess the records subject
to expungement. The court’s order shall not affect any person or entity not
named as a defendant in the action.
3. The court shall set a hearing on the matter no sooner than thirty days from
the filing of the petition and shall give reasonable notice of the hearing to
each official or agency or other entity named in the petition.
4. If the court finds that the petitioner is entitled to expungement of any
record that is the subject of the petition, it shall enter an order directing
expungement. Upon granting of the order of expungement, the records and
files maintained in any administrative or court proceeding in an associate or
circuit division of the circuit court under this section shall be confidential and
only available to the parties or by order of the court for good cause shown. A
copy of the order shall be provided to each agency identified in the petition
pursuant to subsection 2 of this section.
5. The supreme court shall promulgate rules establishing procedures for the
handling of cases filed pursuant to the provisions of this section and section
610.122. Such procedures shall be similar to the procedures established in
chapter 482 for the handling of small claims.
610.124. Destruction of arrest records – removal from all
electronic files – FBI requested to expunge – protest to
expungement, procedure.
1. All records ordered to be expunged pursuant to section 610.123 shall be
destroyed, except as provided in this section. If destruction of the record is not
feasible because of the permanent nature of the record books, such record
entries shall be blacked out. Entries of a record ordered expunged pursuant to
section 610.123 shall be removed from all electronic files maintained with the
state of Missouri. The central repository shall request the Federal Bureau of
Investigation expunge the records from its files.
2. Any petitioner, or agency protesting the expungement, may appeal the
court’s decision in the same manner as provided for other civil actions.
610.125. Failure to comply with expungement order, penalty –
knowingly using expunged record for gain, penalty.
1. A person subject to an order of the court in subsection 4 of section 610.123
who knowingly fails to expunge or obliterate, or releases arrest information
which has been ordered expunged pursuant to section 610.123 is guilty of a
class B misdemeanor.
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2. A person subject to an order of the court in subsection 4 of section 610.123
who, knowing the records have been ordered expunged, uses the arrest
information for financial gain is guilty of a class E felony.
610.126. Expungement does not deem arrest invalid – department
of revenue may retain records necessary for administrative actions
on driver’s license – power to close or expunge record, limitation.
1. An expungement of an arrest record shall not reflect on the validity of the
arrest and shall not be construed to indicate a lack of probable cause for the
arrest.
2. Except as provided by sections 610.122 to 610.126, the courts of this state
shall have no legal or equitable authority to close or expunge any arrest
record.
3. The petitioner shall not bring any action subsequent to the expungement
against any person or agency relating to the arrest described in the expunged
records.
610.130. Alcohol-related driving offenses, expunged from records,
when--procedures, effect--limitations.
1. After a period of not less than ten years, an individual who has pleaded
guilty or has been convicted for a first intoxication-related traffic offense or
intoxication-related boating offense which is a misdemeanor or a county or
city ordinance violation and which is not a conviction for driving a commercial
motor vehicle while under the influence of alcohol and who since such
date has not been convicted of any intoxication-related traffic offense or
intoxication-related boating offense may apply to the court in which he or she
pled guilty or was sentenced for an order to expunge from all official records
all recordations of his or her arrest, plea, trial or conviction.
2. If the court determines, after hearing, that such person has not been
convicted of any subsequent intoxication-related traffic offense or
intoxication-related boating offense, has no other subsequent alcohol-
related enforcement contacts as defined in section 302.525, and has no other
intoxication-related traffic offense or intoxication-related boating offenses or
alcohol-related enforcement actions pending at the time of the hearing on
the application, the court shall enter an order of expungement.
3. Upon granting of the order of expungement, the records and files
maintained in any administrative or court proceeding in an associate or circuit
division of the circuit court under this section shall be confidential and only
available to the parties or by order of the court for good cause shown. The
effect of such order shall be to restore such person to the status he or she
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occupied prior to such arrest, plea or conviction and as if such event had
never taken place. No person as to whom such order has been entered shall
be held thereafter under any provision of any law to be guilty of perjury or
otherwise giving a false statement by reason of his or her failure to recite or
acknowledge such arrest, plea, trial, conviction or expungement in response
to any inquiry made of him or her for any purpose whatsoever and no such
inquiry shall be made for information relating to an expungement under
this section. A person shall only be entitled to one expungement pursuant
to this section. Nothing contained in this section shall prevent the director
from maintaining such records as to ensure that an individual receives only
one expungement pursuant to this section for the purpose of informing the
proper authorities of the contents of any record maintained pursuant to this
section.
4. The provisions of this section shall not apply to any individual who
has been issued a commercial driver’s license or is required to possess a
commercial driver’s license issued by this state or any other state.
610.131. Expungement for persons less than eighteen years of age
at time of offense.
1. Notwithstanding the provisions of section 610.140 to the contrary, an
individual who at the time of the offense was under the age of eighteen, and
has pleaded guilty or has been convicted for the offense of prostitution under
section 567.020 may apply to the court in which he or she pled guilty or was
sentenced for an order to expunge from all official records all recordations
of his or her arrest, plea, trial, or conviction. If the court determines, after a
hearing, that such person was acting under the coercion, as defined in section
566.200, of an agent when committing the offense that resulted in a plea of
guilty or conviction under section 567.020, the court shall enter an order
of expungement.
2. Upon granting of the order of expungement, the records and files
maintained in any administrative or court proceeding in an associate or circuit
division of the circuit court under this section shall be confidential and only
available to the parties or by order of the court for good cause shown. The
effect of such order shall be to restore such person to the status he or she
occupied prior to such arrest, plea, or conviction and as if such event had
never taken place. No person as to whom such order has been entered shall
be held thereafter under any provision of any law to be guilty of perjury or
otherwise giving a false statement by reason of his or her failure to recite or
acknowledge such arrest, plea, trial, conviction, or expungement in response
to any inquiry made of him or her for any purpose whatsoever and no such
inquiry shall be made for information relating to an expungement under
this section.
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610.140. Expungement of certain criminal records, petition,
contents, procedure - effect of expungement on employer inquiry
- lifetime limits.
1. Notwithstanding any other provision of law and subject to the provisions
of this section, any person may apply to any court in which such person was
charged or found guilty of any offenses, violations, or infractions for an order
to expunge records of such arrest, plea, trial, or conviction. Subject to the
limitations of subsection 12 of this section, a person may apply to have one or
more offenses, violations, or infractions expunged if such offense, violation,
or infraction occurred within the state of Missouri and was prosecuted under
the jurisdiction of a Missouri municipal, associate circuit, or circuit court, so
long as such person lists all the offenses, violations, and infractions he or she
is seeking to have expunged in the petition and so long as all such offenses,
violations, and infractions are not excluded under subsection 2 of this section.
If the offenses, violations, or infractions were charged as counts in the same
indictment or information or were committed as part of the same course of
criminal conduct, the person may include all the related offenses, violations,
and infractions in the petition, regardless of the limits of subsection 12 of this
section, and the petition shall only count as a petition for expungement of the
highest level violation or offense contained in the petition for the purpose of
determining future eligibility for expungement.
2. The following offenses, violations, and infractions shall not be eligible for
expungement under this section:
(1) Any class A felony offense;
(2) Any dangerous felony as that term is defined in section 556.061;
(3) Any offense that requires registration as a sex offender;
(4) Any felony offense where death is an element of the offense;
(5) Any felony offense of assault; misdemeanor or felony offense of
domestic assault; or felony offense of kidnapping;
(6) Any offense listed, or previously listed, in chapter 566 or section
105.454, 105.478, 115.631, 130.028, 188.030, 188.080, 191.677, 194.425,
217.360, 217.385, 334.245, 375.991, 389.653, 455.085, 455.538, 557.035,
565.084, 565.085, 565.086, 565.095, 565.120, 565.130, 565.156,
565.200, 565.214, 566.093, 566.111, 566.115, 568.020, 568.030, 568.032,
568.045, 568.060, 568.065, 568.080, 568.090, 568.175, 569.030,
569.035, 569.040, 569.050, 569.055, 569.060, 569.065, 569.067, 569.072,
569.100, 569.160, 570.025, 570.030, 570.090, 570.100, 570.130, 570.180,
570.223, 570.224, 570.310, 571.020, 571.060, 571.063, 571.070, 571.072,
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571.150, 574.070, 574.105, 574.115, 574.120, 574.130, 575.040, 575.095,
575.153, 575.155, 575.157, 575.159, 575.195, 575.200, 575.210, 575.220,
575.230, 575.240, 575.350, 575.353, 577.078, 577.703, 577.706, 578.008,
578.305, 578.310, or 632.520;
(7) Any offense eligible for expungement under section 577.054 or
610.130;
(8) Any intoxication-related traffic or boating offense as defined in section
577.001, or any offense of operating an aircraft with an excessive blood
alcohol content or while in an intoxicated condition;
(9) Any ordinance violation that is the substantial equivalent of any offense
that is not eligible for expungement under this section; and
(10) Any violations of any state law or county or municipal ordinance
regulating the operation of motor vehicles when committed by an
individual who has been issued a commercial driver’s license or is required
to possess a commercial driver’s license issued by this state or any
other state.
(11) Any offense of section 571.030, except any offense under subdivision
(1) of subsection 1 of section 571.030 where the person was convicted or
found guilty prior to January 1, 2017.
3. The petition shall name as defendants all law enforcement agencies, courts,
prosecuting or circuit attorneys, municipal prosecuting attorneys, central
state repositories of criminal records, or others who the petitioner has reason
to believe may possess the records subject to expungement for each of the
offenses, violations, and infractions listed in the petition. The court’s order of
expungement shall not affect any person or entity not named as a defendant
in the action.
4. The petition shall include the following information:
(1) The petitioner’s:
(a) Full name;
(b) Sex;
(c) Race;
(d) Driver’s license number, if applicable; and
(e) Current address;
(2) Each offense, violation, or infraction for which the petitioner is
requesting expungement;
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(3) The approximate date the petitioner was charged for each offense,
violation, or infraction; and
(4) The name of the county where the petitioner was charged for each
offense, violation, or infraction and if any of the offenses, violations, or
infractions occurred in a municipality, the name of the municipality for
each offense, violation, or infraction; and
(5) The case number and name of the court for each offense.
5. The clerk of the court shall give notice of the filing of the petition to the
office of the prosecuting attorney, circuit attorney, or municipal prosecuting
attorney that prosecuted the offenses, violations, or infractions listed in
the petition. If the prosecuting attorney, circuit attorney, or municipal
prosecuting attorney objects to the petition for expungement, he or she shall
do so in writing within thirty days after receipt of service. Unless otherwise
agreed upon by the parties, the court shall hold a hearing within sixty days
after any written objection is filed, giving reasonable notice of the hearing to
the petitioner. If no objection has been filed within thirty days after receipt of
service, the court may set a hearing on the matter and shall give reasonable
notice of the hearing to each entity named in the petition. At any hearing,
the court may accept evidence and hear testimony on, and may consider, the
following criteria for each of the offenses, violations, or infractions listed in the
petition for expungement:
(1) At the time the petition is filed, it has been at least seven years if the
offense is a felony, or at least three years if the offense is a misdemeanor,
municipal offense, or infraction, from the date the petitioner completed
any authorized disposition imposed under section 557.011 for each
offense, violation, or infraction listed in the petition;
(2) The person has not been found guilty of any other misdemeanor or
felony, not including violations of the traffic regulations provided under
chapters 304 and 307, during the time period specified for the underlying
offense, violation, or infraction in subdivision (1) of this subsection;
(3) The person has satisfied all obligations relating to any such disposition,
including the payment of any fines or restitution;
(4) The person does not have charges pending;
(5) The petitioner’s habits and conduct demonstrate that the petitioner is
not a threat to the public safety of the state; and
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(6) The expungement is consistent with the public welfare and the interests
of justice warrant the expungement.
A pleading by the petitioner that such petitioner meets the requirements
of subdivisions (5) and (6) of this subsection shall create a rebuttable
presumption that the expungement is warranted so long as the criteria
contained in subdivisions (1) to (4) of this subsection are otherwise satisfied.
The burden shall shift to the prosecuting attorney, circuit attorney, or
municipal prosecuting attorney to rebut the presumption. A victim of an
offense, violation, or infraction listed in the petition shall have an opportunity
to be heard at any hearing held under this section, and the court may make a
determination based solely on such victim’s testimony.
6. A petition to expunge records related to an arrest for an eligible offense,
violation, or infraction may be made in accordance with the provisions of this
section to a court of competent jurisdiction in the county where the petitioner
was arrested no earlier than three years from the date of arrest; provided that,
during such time, the petitioner has not been charged and the petitioner has
not been found guilty of any misdemeanor or felony offense.
7. If the court determines that such person meets all the criteria set forth in
subsection 5 of this section for each of the offenses, violations, or infractions
listed in the petition for expungement, the court shall enter an order of
expungement. In all cases under this section, the court shall issue an order
of expungement or dismissal within six months of the filing of the petition.
A copy of the order of expungement shall be provided to the petitioner
and each entity possessing records subject to the order, and, upon receipt
of the order, each entity shall close any record in its possession relating
to any offense, violation, or infraction listed in the petition, in the manner
established by section 610.120. The records and files maintained in any
administrative or court proceeding in a municipal, associate, or circuit court for
any offense, infraction, or violation ordered expunged under this section shall
be confidential and only available to the parties or by order of the court for
good cause shown. The central repository shall request the Federal Bureau of
Investigation to expunge the records from its files.
8. The order shall not limit any of the petitioner’s rights that were restricted
as a collateral consequence of such person’s criminal record, and such rights
shall be restored upon issuance of the order of expungement. Except as
otherwise provided under this section, the effect of such order shall be to
restore such person to the status he or she occupied prior to such arrests,
pleas, trials, or convictions as if such events had never taken place. No person
as to whom such order has been entered shall be held thereafter under any
provision of law to be guilty of perjury or otherwise giving a false statement
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by reason of his or her failure to recite or acknowledge such arrests, pleas,
trials, convictions, or expungement in response to an inquiry made of him
or her and no such inquiry shall be made for information relating to an
expungement, except the petitioner shall disclose the expunged offense,
violation, or infraction to any court when asked or upon being charged with
any subsequent offense, violation, or infraction. The expunged offense,
violation, or infraction may be considered a prior offense in determining a
sentence to be imposed for any subsequent offense that the person is found
guilty of committing.
9. Notwithstanding the provisions of subsection 8 of this section to the
contrary, a person granted an expungement shall disclose any expunged
offense, violation, or infraction when the disclosure of such information is
necessary to complete any application for:
(1) A license, certificate, or permit issued by this state to practice such
individual’s profession;
(2) Any license issued under chapter 313 or permit issued under
chapter 571;
(3) Paid or unpaid employment with an entity licensed under chapter 313,
any state-operated lottery, or any emergency services provider, including
any law enforcement agency;
(4) Employment with any federally insured bank or savings institution or
credit union or an affiliate of such institution or credit union for the
purposes of compliance with 12 U.S.C. Section 1829 and 12 U.S.C.
Section 1785;
(5) Employment with any entity engaged in the business of insurance or
any insurer for the purpose of complying with 18 U.S.C. Section 1033, 18
U.S.C. Section 1034, or other similar law which requires an employer
engaged in the business of insurance to exclude applicants with certain
criminal convictions from employment; or
(6) Employment with any employer that is required to exclude applicants
with certain criminal convictions from employment due to federal or state
law, including corresponding rules and regulations.
An employer shall notify an applicant of the requirements under subdivisions
(4) to (6) of this subsection. Notwithstanding any provision of law to the
contrary, an expunged offense, violation, or infraction shall not be grounds
for automatic disqualification of an applicant, but may be a factor for denying
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employment, or a professional license, certificate, or permit; except that,
an offense, violation, or infraction expunged under the provisions of this
section may be grounds for automatic disqualification if the application is for
employment under subdivisions (4) to (6) of this subsection.
10. A person who has been granted an expungement of records pertaining
to a misdemeanor or felony offense, an ordinance violation, or an infraction
may answer “no” to an employer’s inquiry into whether the person has
ever been convicted of a crime if, after the granting of the expungement,
the person has no public record of a misdemeanor or felony offense, an
ordinance violation, or an infraction. The person, however, shall answer such
an inquiry affirmatively and disclose his or her criminal convictions, including
any offense or violation expunged under this section or similar law, if the
employer is required to exclude applicants with certain criminal convictions
from employment due to federal or state law, including corresponding rules
and regulations.
11. If the court determines that the petitioner has not met the criteria
for any of the offenses, violations, or infractions listed in the petition for
expungement or the petitioner has knowingly provided false information
in the petition, the court shall enter an order dismissing the petition. Any
person whose petition for expungement has been dismissed by the court for
failure to meet the criteria set forth in subsection 5 of this section may not
refile another petition until a year has passed since the date of filing for the
previous petition.
12. A person may be granted more than one expungement under this
section provided that during his or her lifetime, the total number of offenses,
violations, or infractions for which orders of expungement are granted to the
person shall not exceed the following limits:
(1) Not more than two misdemeanor offenses or ordinance violations that
have an authorized term of imprisonment; and
(2) Not more than one felony offense.
A person may be granted expungement under this section for any number of
infractions. Nothing in this section shall prevent the court from maintaining
records to ensure that an individual has not exceeded the limitations of this
subsection. Nothing in this section shall be construed to limit or impair in
any way the subsequent use of any record expunged under this section of
any arrests or findings of guilt by a law enforcement agency, criminal justice
agency, prosecuting attorney, circuit attorney, or municipal prosecuting
attorney, including its use as a prior offense, violation, or infraction.
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13. The court shall make available a form for pro se petitioners seeking
expungement, which shall include the following statement: “I declare under
penalty of perjury that the statements made herein are true and correct to the
best of my knowledge, information, and belief.”.
14. Nothing in this section shall be construed to limit or restrict the
availability of expungement to any person under any other law.
610.145. Stolen or mistaken identity, expungement of records,
procedure.
1. (1) If a person is named in a charge for an infraction or offense, whether a
misdemeanor or a felony, as a result of another person using the identifying
information of the named person or as a result of mistaken identity and the
charges were dismissed or such person was found not guilty, the named
person may apply by petition or written motion to the court where the
charge was last pending on a form approved by the office of state courts
administrator and supplied by the clerk of the court for an order to expunge
from all official records any entries relating to the person’s apprehension,
charge, or trial. The court, after providing notice to the prosecuting attorney,
shall hold a hearing on the motion or petition and, upon finding that
the person’s identity was used without permission and the charges were
dismissed or the person was found not guilty, the court shall order
the expungement.
(2) If any person is named in a charge for an infraction or offense, whether
a misdemeanor or a felony, as a result of another person using the identifying
information of the named person or mistaken identity, and the charge against
the named person is dismissed, the prosecutor or other judicial officer who
ordered the dismissal shall provide notice to the court of the dismissal, and
the court shall order the expungement of all official records containing any
entries relating to the person’s apprehension, charge, or trial.
2. No person as to whom such an order has been entered under this section
shall be held thereafter under any provision of law to be guilty of perjury
or to be guilty of otherwise giving a false statement or response to any
inquiry made for any purpose, by reason of the person’s failure to recite or
acknowledge any expunged entries concerning apprehension, charge, or trial.
3. The court shall also order that such entries shall be expunged from the
records of the court and direct all law enforcement agencies, the department
of corrections, the department of revenue, or any other state or local
government agency identified by the petitioner, or the person eligible for
automatic expungement under subdivision (2) of subsection 1 of this section,
as bearing record of the same to expunge their records of the entries. The
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clerk shall notify state and local agencies of the court’s order. The costs of
expunging the records, as provided in this chapter, shall not be taxed against
the person eligible for expungement under this section.
4. The department of revenue shall expunge from its records entries made
as a result of the charge or conviction ordered expunged under this section.
The department of revenue shall also reverse any administrative actions taken
against a person whose record is expunged under this section as a result of
the charges or convictions expunged, including the assessment of the driver’s
license points and driver’s license suspension or revocation. Notwithstanding
any other provision of this chapter to the contrary, the department of revenue
shall provide to the person whose motor vehicle record is expunged under
this section a certified corrected driver history at no cost and shall reinstate
at no cost any driver’s license suspended or revoked as a result of a charge or
conviction expunged under this section.
5. The department of corrections and any other applicable state or local
government agency shall expunge its records as provided in subsection 3 of
this section. The agency shall also reverse any administrative actions taken
against a person whose record is expunged under this section as a result
of the charges or convictions being expunged. Notwithstanding any other
provision of law to the contrary, the normal fee for any reinstatement of a
license or privilege resulting under this section shall be waived.
6. Any insurance company that charged any additional premium based on
insurance points assessed against a policyholder as a result of a charge or
conviction that was expunged under this section shall refund such additional
premiums for the three-year period immediately prior to the entry of the
expungement by the court to the policyholder upon notification and
verification of the expungement.
7. For purposes of this section, the term “mistaken identity” shall mean the
erroneous arrest of a person for an offense as a result of misidentification
by a witness or law enforcement, confusion on the part of a witness or law
enforcement as to the identity of the person who committed the offense,
misinformation provided to law enforcement as to the identity of the person
who committed the offense, or some other mistake on the part of a witness or
law enforcement as to the identity of the person who committed the offense.
610.150. “911” telephone reports inaccessible, exceptions.
Except as provided by this section, any information acquired by a law
enforcement agency or a first responder agency by way of a complaint or
report of a crime made by telephone contact using the emergency number,
“911”, shall be inaccessible to the general public. However, information
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68
consisting of the date, time, specific location and immediate facts and
circumstances surrounding the initial report of the crime or incident shall
be considered to be an incident report and subject to section 610.100. Any
closed records pursuant to this section shall be available upon request by law
enforcement agencies or the division of workers’ compensation or pursuant
to a valid court order authorizing disclosure upon motion and good
cause shown.
610.175. Flight log records after flight, open public records for
elected members of executive and legislative branches.
Any records or flight logs pertaining to any flight or request for a flight after
such flight has occurred by any elected member of either the executive or
legislative branch shall be open public records under this chapter, unless
otherwise provided by law. The provisions of this section shall only apply to a
flight on a state-owned plane.
610.200. Law enforcement agency log or record of suspected
crimes, accidents or complaints, available for inspection and
copying.
All law enforcement agencies that maintain a daily log or record that lists
suspected crimes, accidents, or complaints shall make available the following
information for inspection and copying by the public:
(1) The time, substance, and location of all complaints or requests for
assistance received by the agency;
(2) The time and nature of the agency’s response to all complaints or
requests for assistance; and
(3) If the incident involves an alleged crime or infraction:
(a) The time, date, and location of occurrence;
(b) The name and age of any victim, unless the victim is a victim of a
crime under chapter 566;
(c) The factual circumstances surrounding the incident; and
(d) A general description of any injuries, property or weapons involved.
610.205. Crime scene photographs and video recordings closed
records, when--disclosure to next-of-kin or by court order--
inapplicability.
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1. Crime scene photographs and video recordings, including photographs
and video recordings created or produced by a state or local agency or by a
perpetrator or suspect at a crime scene, which depict or describe a deceased
person in a state of dismemberment, decapitation, or similar mutilation
including, without limitation, where the deceased person’s genitalia are
exposed, shall be considered closed records and shall not be subject to
disclosure under the provisions of this chapter; provided, however, that this
section shall not prohibit disclosure of such material to the deceased’s next
of kin or to an individual who has secured a written release from the next of
kin. It shall be the responsibility of the next of kin to show proof of the familial
relationship. For purposes of such access, the deceased’s next of kin shall be:
(1) The spouse of the deceased if living;
(2) If there is no living spouse of the deceased, an adult child of the
deceased; or
(3) If there is no living spouse or adult child, a parent of the deceased.
2. Subject to the provisions of subsection 3 of this section, in the case of
closed criminal investigations a circuit court judge may order the disclosure of
such photographs or video recordings upon findings in writing that disclosure
is in the public interest and outweighs any privacy interest that may be
asserted by the deceased person’s next of kin. In making such determination,
the court shall consider whether such disclosure is necessary for public
evaluation of governmental performance, the seriousness of the intrusion into
the family’s right to privacy, and whether such disclosure is the least intrusive
means available considering the availability of similar information in other
public records. In any such action, the court shall review the photographs or
video recordings in question in camera with the custodian of the crime scene
materials present and may condition any disclosure on such condition as the
court may deem necessary to accommodate the interests of the parties.
3. Prior to releasing any crime scene material described in subsection 1 of
this section, the custodian of such material shall give the deceased person’s
next of kin at least two weeks’ notice. No court shall order a disclosure under
subsection 2 of this section which would disregard or shorten the duration of
such notice requirement.
4. The provisions of this section shall apply to all undisclosed material which
is in the custody of a state or local agency on August 28, 2016, and to any
such material which comes into the custody of a state or local agency after
such date.
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5. The provisions of this section shall not apply to disclosure of crime scene
material to counsel representing a convicted defendant in a habeas corpus
action, on a motion for new trial, or in a federal habeas corpus action under
28 U.S.C. Section 2254 or 2255 for the purpose of preparing to file or litigating
such proceedings. Counsel may disclose such materials to his or her client
and any expert or investigator assisting counsel but shall not otherwise
disseminate such materials, except to the extent they may be necessary
exhibits in court proceedings. A request under this subsection shall clearly
state that such request is being made for the purpose of preparing to file and
litigate proceedings enumerated in this subsection.
6. The director of the department of public safety shall promulgate rules and
regulations governing the viewing of materials described in subsection 1 of
this section by bona fide credentialed members of the press.
610.210. Tax Health care coordination, certain records may be
released.
Notwithstanding any other provisions of law to the contrary, information in
law enforcement agency records that would enable the provision of health
care to a person in contact with law enforcement may be released for the
purpose of health care coordination to any health care provider, as defined in
the Health Insurance Portability and Accountability Act of 1996 as amended,
that is providing or may provide services to the person.
610.225. Tax credit records and documents deemed closed
records, when – request for opening records and documents,
requirements, fee authorized.
1. Records and documents relating to tax credits submitted as part of the
application for all tax credits to any department of this state, board, or
commission authorized to issue or authorize or recommend the authorization
of tax credits shall be deemed closed records until such time as the
information submitted does not concern a pending application, and except
as limited by other provision of law concerning closed records. For the
purposes of this subsection, a “pending application” shall mean any
application for credits that has not yet been authorized. In the case of partial
authorization of credits, the completed authorization of a single credit shall
be sufficient to constitute full authorization to the extent that the authorized
credit or credits relate to the same application as the credits that have not yet
been authorized.
2. Upon a request for opening of records and documents relating to all tax
credit programs, as defined in section 135.800, submitted in accordance with
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the provisions of this chapter, except as limited by the provision of subsection
1 of this section, the agency that is the recipient of the open records request
shall make information available consistent with the provisions of this
chapter. Where a single record or document contains both open and closed
records, the agency shall make a redacted version of such record or document
available in order to protect the information that would otherwise make the
record or document a closed record. Staff time required for such redaction
shall constitute an activity for which a fee can be collected pursuant to
section 610.026.
3. As used in this section “closed record” shall mean closed record as defined
in section 610.010.
72 Missouri Sunshine Law
Transparency Policy
37.070. Transparency policy – public availability of data – broad
interpretation of sunshine law requests – breach of the public
trust, when.
1. It shall be the policy of each state department to carry out its mission with
full transparency to the public. Any data collected in the course of its duties
shall be made available to the public in a timely fashion. Data, reports, and
other information resulting from any activities conducted by the department
in the course of its duties shall be easily accessible by any member of
the public.
2. Each department shall broadly interpret any request for information under
section 610.023:
(1) Even if such request for information does not use the words “sunshine
request”, “open records request”, “public records request”, or any such similar
wording;
(2) Even if the communication is simply an inquiry as to the availability or
existence of data or information; and
(3) Regardless of the format in which the communication is made,
including electronic mail, facsimile, internet, postal mail, in person,
telephone, or any other format.
3. Any failure by a department to release information shall, in addition
to any other applicable violation of law, be considered a violation of the
department’s policy under this section and shall constitute a breach of the
public’s trust.
4. This section shall not be construed to limit or exceed the requirements of
the provisions in chapter 610, nor shall this section require different treatment
of a record considered closed or confidential under section 610.021 than what
is required under that section.
73
Missouri Sunshine Law
Freedom of Information Act
The federal government’s public information law
T
he federal government also has a sunshine law requiring federal public
governmental bodies to open their meetings and records to the public
called the Freedom of Information Act (or “FOIA,” for short.) There are many
differences between the Missouri Sunshine Law and the federal FOIA. The
FOIA is not applicable to record requests submitted to the state.
If you are interested in learning more about the FOIA, visit www.foia.gov,
which will lead you to the relevant federal agencies and walk you through the
request process.
74 Missouri Sunshine Law
Notes
75
Missouri Sunshine Law
Notes
76 Missouri Sunshine Law
Notes
OFFICE OF ATTORNEY GENERAL
ERIC SCHMITT
P.O. Box 899
Jefferson City, MO 65102
573-751-3321
ago.mo.gov
Revised February 2019