State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_010

Definitions.

610.010. As used in this chapter, unless the context otherwiseindicates, 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, copiesprovided as detailed in section 610.026, if duplication equipment isavailable;

(3) "Public business", all matters which relate in any way to theperformance of the public governmental body's functions or the conduct ofits business;

(4) "Public governmental body", any legislative, administrative orgovernmental entity created by the constitution or statutes of this state,by order or ordinance of any political subdivision or district, judicialentities when operating in an administrative capacity, or by executiveorder, including:

(a) Any body, agency, board, bureau, council, commission, committee,board of regents or board of curators or any other governing body of anyinstitution of higher education, including a community college, which issupported in whole or in part from state funds, including but not limitedto the administrative entity known as "The Curators of the University ofMissouri" as established by section 172.020, RSMo;

(b) Any advisory committee or commission appointed by the governor byexecutive order;

(c) Any department or division of the state, of any politicalsubdivision of the state, of any county or of any municipal government,school district or special purpose district including but not limited tosewer districts, water districts, and other subdistricts of any politicalsubdivision;

(d) Any other legislative or administrative governmental deliberativebody under the direction of three or more elected or appointed membershaving rulemaking or quasi-judicial power;

(e) Any committee appointed by or at the direction of any of theentities and which is authorized to report to any of the above-namedentities, any advisory committee appointed by or at the direction of any ofthe named entities for the specific purpose of recommending, directly tothe public governmental body's governing board or its chief administrativeofficer, policy or policy revisions or expenditures of public fundsincluding, but not limited to, entities created to advise bi-state taxingdistricts regarding the expenditure of public funds, or any policy advisorybody, policy advisory committee or policy advisory group appointed by apresident, chancellor or chief executive officer of any college oruniversity system or individual institution at the direction of thegoverning body of such institution which is supported in whole or in partwith state funds for the specific purpose of recommending directly to thepublic governmental body's governing board or the president, chancellor orchief executive officer policy, policy revisions or expenditures of publicfunds provided, however, the staff of the college or university president,chancellor or chief executive officer shall not constitute such a policyadvisory committee. The custodian of the records of any publicgovernmental body shall maintain a list of the policy advisory committeesdescribed in this subdivision;

(f) Any quasi-public governmental body. The term "quasi-publicgovernmental body" means any person, corporation or partnership organizedor authorized to do business in this state pursuant to the provisions ofchapter 352, 353, or 355, RSMo, or unincorporated association which either:

a. Has as its primary purpose to enter into contracts with publicgovernmental bodies, or to engage primarily in activities carried outpursuant to an agreement or agreements with public governmental bodies; or

b. Performs a public function as evidenced by a statutorily basedcapacity to confer or otherwise advance, through approval, recommendationor other means, the allocation or issuance of tax credits, tax abatement,public debt, tax-exempt debt, rights of eminent domain, or the contractingof leaseback agreements on structures whose annualized payments commitpublic tax revenues; or any association that directly accepts theappropriation of money from a public governmental body, but only to theextent that a meeting, record, or vote relates to such appropriation; and

(g) Any bi-state development agency established pursuant to section70.370, RSMo;

(5) "Public meeting", any meeting of a public governmental bodysubject to sections 610.010 to 610.030 at which any public business isdiscussed, decided, or public policy formulated, whether such meeting isconducted in person or by means of communication equipment, including, butnot limited to, conference call, video conference, Internet chat, orInternet message board. The term "public meeting" shall not include aninformal gathering of members of a public governmental body for ministerialor social purposes when there is no intent to avoid the purposes of thischapter, but the term shall include a public vote of all or a majority ofthe members of a public governmental body, by electronic communication orany other means, conducted in lieu of holding a public meeting with themembers of the public governmental body gathered at one location in orderto conduct public business;

(6) "Public record", any record, whether written or electronicallystored, retained by or of any public governmental body including anyreport, survey, memorandum, or other document or study prepared for thepublic governmental body by a consultant or other professional service paidfor in whole or in part by public funds, including records created ormaintained by private contractors under an agreement with a publicgovernmental body or on behalf of a public governmental body; provided,however, that personally identifiable student records maintained by publiceducational institutions shall be open for inspection by the parents,guardian or other custodian of students under the age of eighteen years andby the parents, guardian or other custodian and the student if the studentis over the age of eighteen years. The term "public record" shall notinclude any internal memorandum or letter received or prepared by or onbehalf of a member of a public governmental body consisting of advice,opinions and recommendations in connection with the deliberativedecision-making process of said body, unless such records are retained bythe public governmental body or presented at a public meeting. Anydocument or study prepared for a public governmental body by a consultantor other professional service as described in this subdivision shall beretained by the public governmental body in the same manner as any otherpublic record;

(7) "Public vote", any vote, whether conducted in person, bytelephone, or by any other electronic means, cast at any public meeting ofany public governmental body.

(L. 1973 S.B. 1 § 1, A.L. 1977 H.B. 130, A.L. 1978 H.B. 882, A.L. 1982 H.B. 1253, A.L. 1987 S.B. 2, A.L. 1993 H.B. 170, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al.)

(1979) Springfield board of public utilities is a "public governmental body" within the meaning of the Open Meetings Act. State ex rel. Board of Public Utilities v. Crow (A.), 592 S.W.2d 285.

(1984) A single member body may be a "governmental entity" for purposes of sunshine law, which is to be liberally construed in favor of open government. McLachlan v. McNary (Mo.App.), 684 S.W.2d 534.

(1996) Official meetings of federal governmental bodies are not subject to the Missouri Sunshine Act. In Re Kansas City Star Co., 73 F.3d 191 (8th Cir.).

(2002) For-profit telecommunications utility with the power of eminent domain, but without the power to tax, to formulate policies, or to promulgate statutes, ordinances, or regulations, does not constitute a public governmental body within meaning of section. Stewart v. Williams Communications, Inc., 85 S.W.3d 29 (Mo.App.W.D.).

State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_010

Definitions.

610.010. As used in this chapter, unless the context otherwiseindicates, 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, copiesprovided as detailed in section 610.026, if duplication equipment isavailable;

(3) "Public business", all matters which relate in any way to theperformance of the public governmental body's functions or the conduct ofits business;

(4) "Public governmental body", any legislative, administrative orgovernmental entity created by the constitution or statutes of this state,by order or ordinance of any political subdivision or district, judicialentities when operating in an administrative capacity, or by executiveorder, including:

(a) Any body, agency, board, bureau, council, commission, committee,board of regents or board of curators or any other governing body of anyinstitution of higher education, including a community college, which issupported in whole or in part from state funds, including but not limitedto the administrative entity known as "The Curators of the University ofMissouri" as established by section 172.020, RSMo;

(b) Any advisory committee or commission appointed by the governor byexecutive order;

(c) Any department or division of the state, of any politicalsubdivision of the state, of any county or of any municipal government,school district or special purpose district including but not limited tosewer districts, water districts, and other subdistricts of any politicalsubdivision;

(d) Any other legislative or administrative governmental deliberativebody under the direction of three or more elected or appointed membershaving rulemaking or quasi-judicial power;

(e) Any committee appointed by or at the direction of any of theentities and which is authorized to report to any of the above-namedentities, any advisory committee appointed by or at the direction of any ofthe named entities for the specific purpose of recommending, directly tothe public governmental body's governing board or its chief administrativeofficer, policy or policy revisions or expenditures of public fundsincluding, but not limited to, entities created to advise bi-state taxingdistricts regarding the expenditure of public funds, or any policy advisorybody, policy advisory committee or policy advisory group appointed by apresident, chancellor or chief executive officer of any college oruniversity system or individual institution at the direction of thegoverning body of such institution which is supported in whole or in partwith state funds for the specific purpose of recommending directly to thepublic governmental body's governing board or the president, chancellor orchief executive officer policy, policy revisions or expenditures of publicfunds provided, however, the staff of the college or university president,chancellor or chief executive officer shall not constitute such a policyadvisory committee. The custodian of the records of any publicgovernmental body shall maintain a list of the policy advisory committeesdescribed in this subdivision;

(f) Any quasi-public governmental body. The term "quasi-publicgovernmental body" means any person, corporation or partnership organizedor authorized to do business in this state pursuant to the provisions ofchapter 352, 353, or 355, RSMo, or unincorporated association which either:

a. Has as its primary purpose to enter into contracts with publicgovernmental bodies, or to engage primarily in activities carried outpursuant to an agreement or agreements with public governmental bodies; or

b. Performs a public function as evidenced by a statutorily basedcapacity to confer or otherwise advance, through approval, recommendationor other means, the allocation or issuance of tax credits, tax abatement,public debt, tax-exempt debt, rights of eminent domain, or the contractingof leaseback agreements on structures whose annualized payments commitpublic tax revenues; or any association that directly accepts theappropriation of money from a public governmental body, but only to theextent that a meeting, record, or vote relates to such appropriation; and

(g) Any bi-state development agency established pursuant to section70.370, RSMo;

(5) "Public meeting", any meeting of a public governmental bodysubject to sections 610.010 to 610.030 at which any public business isdiscussed, decided, or public policy formulated, whether such meeting isconducted in person or by means of communication equipment, including, butnot limited to, conference call, video conference, Internet chat, orInternet message board. The term "public meeting" shall not include aninformal gathering of members of a public governmental body for ministerialor social purposes when there is no intent to avoid the purposes of thischapter, but the term shall include a public vote of all or a majority ofthe members of a public governmental body, by electronic communication orany other means, conducted in lieu of holding a public meeting with themembers of the public governmental body gathered at one location in orderto conduct public business;

(6) "Public record", any record, whether written or electronicallystored, retained by or of any public governmental body including anyreport, survey, memorandum, or other document or study prepared for thepublic governmental body by a consultant or other professional service paidfor in whole or in part by public funds, including records created ormaintained by private contractors under an agreement with a publicgovernmental body or on behalf of a public governmental body; provided,however, that personally identifiable student records maintained by publiceducational institutions shall be open for inspection by the parents,guardian or other custodian of students under the age of eighteen years andby the parents, guardian or other custodian and the student if the studentis over the age of eighteen years. The term "public record" shall notinclude any internal memorandum or letter received or prepared by or onbehalf of a member of a public governmental body consisting of advice,opinions and recommendations in connection with the deliberativedecision-making process of said body, unless such records are retained bythe public governmental body or presented at a public meeting. Anydocument or study prepared for a public governmental body by a consultantor other professional service as described in this subdivision shall beretained by the public governmental body in the same manner as any otherpublic record;

(7) "Public vote", any vote, whether conducted in person, bytelephone, or by any other electronic means, cast at any public meeting ofany public governmental body.

(L. 1973 S.B. 1 § 1, A.L. 1977 H.B. 130, A.L. 1978 H.B. 882, A.L. 1982 H.B. 1253, A.L. 1987 S.B. 2, A.L. 1993 H.B. 170, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al.)

(1979) Springfield board of public utilities is a "public governmental body" within the meaning of the Open Meetings Act. State ex rel. Board of Public Utilities v. Crow (A.), 592 S.W.2d 285.

(1984) A single member body may be a "governmental entity" for purposes of sunshine law, which is to be liberally construed in favor of open government. McLachlan v. McNary (Mo.App.), 684 S.W.2d 534.

(1996) Official meetings of federal governmental bodies are not subject to the Missouri Sunshine Act. In Re Kansas City Star Co., 73 F.3d 191 (8th Cir.).

(2002) For-profit telecommunications utility with the power of eminent domain, but without the power to tax, to formulate policies, or to promulgate statutes, ordinances, or regulations, does not constitute a public governmental body within meaning of section. Stewart v. Williams Communications, Inc., 85 S.W.3d 29 (Mo.App.W.D.).


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_010

Definitions.

610.010. As used in this chapter, unless the context otherwiseindicates, 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, copiesprovided as detailed in section 610.026, if duplication equipment isavailable;

(3) "Public business", all matters which relate in any way to theperformance of the public governmental body's functions or the conduct ofits business;

(4) "Public governmental body", any legislative, administrative orgovernmental entity created by the constitution or statutes of this state,by order or ordinance of any political subdivision or district, judicialentities when operating in an administrative capacity, or by executiveorder, including:

(a) Any body, agency, board, bureau, council, commission, committee,board of regents or board of curators or any other governing body of anyinstitution of higher education, including a community college, which issupported in whole or in part from state funds, including but not limitedto the administrative entity known as "The Curators of the University ofMissouri" as established by section 172.020, RSMo;

(b) Any advisory committee or commission appointed by the governor byexecutive order;

(c) Any department or division of the state, of any politicalsubdivision of the state, of any county or of any municipal government,school district or special purpose district including but not limited tosewer districts, water districts, and other subdistricts of any politicalsubdivision;

(d) Any other legislative or administrative governmental deliberativebody under the direction of three or more elected or appointed membershaving rulemaking or quasi-judicial power;

(e) Any committee appointed by or at the direction of any of theentities and which is authorized to report to any of the above-namedentities, any advisory committee appointed by or at the direction of any ofthe named entities for the specific purpose of recommending, directly tothe public governmental body's governing board or its chief administrativeofficer, policy or policy revisions or expenditures of public fundsincluding, but not limited to, entities created to advise bi-state taxingdistricts regarding the expenditure of public funds, or any policy advisorybody, policy advisory committee or policy advisory group appointed by apresident, chancellor or chief executive officer of any college oruniversity system or individual institution at the direction of thegoverning body of such institution which is supported in whole or in partwith state funds for the specific purpose of recommending directly to thepublic governmental body's governing board or the president, chancellor orchief executive officer policy, policy revisions or expenditures of publicfunds provided, however, the staff of the college or university president,chancellor or chief executive officer shall not constitute such a policyadvisory committee. The custodian of the records of any publicgovernmental body shall maintain a list of the policy advisory committeesdescribed in this subdivision;

(f) Any quasi-public governmental body. The term "quasi-publicgovernmental body" means any person, corporation or partnership organizedor authorized to do business in this state pursuant to the provisions ofchapter 352, 353, or 355, RSMo, or unincorporated association which either:

a. Has as its primary purpose to enter into contracts with publicgovernmental bodies, or to engage primarily in activities carried outpursuant to an agreement or agreements with public governmental bodies; or

b. Performs a public function as evidenced by a statutorily basedcapacity to confer or otherwise advance, through approval, recommendationor other means, the allocation or issuance of tax credits, tax abatement,public debt, tax-exempt debt, rights of eminent domain, or the contractingof leaseback agreements on structures whose annualized payments commitpublic tax revenues; or any association that directly accepts theappropriation of money from a public governmental body, but only to theextent that a meeting, record, or vote relates to such appropriation; and

(g) Any bi-state development agency established pursuant to section70.370, RSMo;

(5) "Public meeting", any meeting of a public governmental bodysubject to sections 610.010 to 610.030 at which any public business isdiscussed, decided, or public policy formulated, whether such meeting isconducted in person or by means of communication equipment, including, butnot limited to, conference call, video conference, Internet chat, orInternet message board. The term "public meeting" shall not include aninformal gathering of members of a public governmental body for ministerialor social purposes when there is no intent to avoid the purposes of thischapter, but the term shall include a public vote of all or a majority ofthe members of a public governmental body, by electronic communication orany other means, conducted in lieu of holding a public meeting with themembers of the public governmental body gathered at one location in orderto conduct public business;

(6) "Public record", any record, whether written or electronicallystored, retained by or of any public governmental body including anyreport, survey, memorandum, or other document or study prepared for thepublic governmental body by a consultant or other professional service paidfor in whole or in part by public funds, including records created ormaintained by private contractors under an agreement with a publicgovernmental body or on behalf of a public governmental body; provided,however, that personally identifiable student records maintained by publiceducational institutions shall be open for inspection by the parents,guardian or other custodian of students under the age of eighteen years andby the parents, guardian or other custodian and the student if the studentis over the age of eighteen years. The term "public record" shall notinclude any internal memorandum or letter received or prepared by or onbehalf of a member of a public governmental body consisting of advice,opinions and recommendations in connection with the deliberativedecision-making process of said body, unless such records are retained bythe public governmental body or presented at a public meeting. Anydocument or study prepared for a public governmental body by a consultantor other professional service as described in this subdivision shall beretained by the public governmental body in the same manner as any otherpublic record;

(7) "Public vote", any vote, whether conducted in person, bytelephone, or by any other electronic means, cast at any public meeting ofany public governmental body.

(L. 1973 S.B. 1 § 1, A.L. 1977 H.B. 130, A.L. 1978 H.B. 882, A.L. 1982 H.B. 1253, A.L. 1987 S.B. 2, A.L. 1993 H.B. 170, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al.)

(1979) Springfield board of public utilities is a "public governmental body" within the meaning of the Open Meetings Act. State ex rel. Board of Public Utilities v. Crow (A.), 592 S.W.2d 285.

(1984) A single member body may be a "governmental entity" for purposes of sunshine law, which is to be liberally construed in favor of open government. McLachlan v. McNary (Mo.App.), 684 S.W.2d 534.

(1996) Official meetings of federal governmental bodies are not subject to the Missouri Sunshine Act. In Re Kansas City Star Co., 73 F.3d 191 (8th Cir.).

(2002) For-profit telecommunications utility with the power of eminent domain, but without the power to tax, to formulate policies, or to promulgate statutes, ordinances, or regulations, does not constitute a public governmental body within meaning of section. Stewart v. Williams Communications, Inc., 85 S.W.3d 29 (Mo.App.W.D.).