Closed meetings and closed records authorized when, exceptions, sunsetdates for certain exceptions.
610.021. Except to the extent disclosure is otherwise required bylaw, a public governmental body is authorized to close meetings, recordsand votes, to the extent they relate to the following:
(1) Legal actions, causes of action or litigation involving a publicgovernmental body and any confidential or privileged communications betweena public governmental body or its representatives and its attorneys.However, any minutes, vote or settlement agreement relating to legalactions, causes of action or litigation involving a public governmentalbody or any agent or entity representing its interests or acting on itsbehalf or with its authority, including any insurance company acting onbehalf of a public government body as its insured, shall be made publicupon final disposition of the matter voted upon or upon the signing by theparties of the settlement agreement, unless, prior to final disposition,the settlement agreement is ordered closed by a court after a writtenfinding that the adverse impact to a plaintiff or plaintiffs to the actionclearly outweighs the public policy considerations of section 610.011,however, the amount of any moneys paid by, or on behalf of, the publicgovernmental body shall be disclosed; provided, however, in mattersinvolving the exercise of the power of eminent domain, the vote shall beannounced or become public immediately following the action on the motionto authorize institution of such a legal action. Legal work product shallbe considered a closed record;
(2) Leasing, purchase or sale of real estate by a public governmentalbody where public knowledge of the transaction might adversely affect thelegal consideration therefor. However, any minutes, vote or public recordapproving a contract relating to the leasing, purchase or sale of realestate by a public governmental body shall be made public upon execution ofthe lease, purchase or sale of the real estate;
(3) Hiring, firing, disciplining or promoting of particular employeesby a public governmental body when personal information about the employeeis discussed or recorded. However, any vote on a final decision, whentaken by a public governmental body, to hire, fire, promote or disciplinean employee of a public governmental body shall be made available with arecord of how each member voted to the public within seventy-two hours ofthe close of the meeting where such action occurs; provided, however, thatany employee so affected shall be entitled to prompt notice of suchdecision during the seventy-two-hour period before such decision is madeavailable to the public. As used in this subdivision, the term "personalinformation" means information relating to the performance or merit ofindividual employees;
(4) The state militia or national guard or any part thereof;
(5) Nonjudicial mental or physical health proceedings involvingidentifiable persons, including medical, psychiatric, psychological, oralcoholism or drug dependency diagnosis or treatment;
(6) Scholastic probation, expulsion, or graduation of identifiableindividuals, including records of individual test or examination scores;however, 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;
(7) Testing and examination materials, before the test or examinationis 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 behalfof a public governmental body or its representatives for negotiations withemployee groups;
(10) Software codes for electronic data processing and documentationthereof;
(11) Specifications for competitive bidding, until either thespecifications are officially approved by the public governmental body orthe specifications are published for bid;
(12) Sealed bids and related documents, until the bids are opened;and sealed proposals and related documents or any documents related to anegotiated contract until a contract is executed, or all proposals arerejected;
(13) Individually identifiable personnel records, performance ratingsor records pertaining to employees or applicants for employment, exceptthat this exemption shall not apply to the names, positions, salaries andlengths of service of officers and employees of public agencies once theyare employed as such, and the names of private sources donating orcontributing money to the salary of a chancellor or president at all publiccolleges and universities in the state of Missouri and the amount of moneycontributed by the source;
(14) Records which are protected from disclosure by law;
(15) Meetings and public records relating to scientific andtechnological innovations in which the owner has a proprietary interest;
(16) Records relating to municipal hotlines established for thereporting of abuse and wrongdoing;
(17) Confidential or privileged communications between a publicgovernmental body and its auditor, including all auditor work product;however, all final audit reports issued by the auditor are to be consideredopen records pursuant to this chapter;
*(18) Operational guidelines and policies developed, adopted, ormaintained by any public agency responsible for law enforcement, publicsafety, first response, or public health for use in responding to orpreventing any critical incident which is or appears to be terrorist innature and which has the potential to endanger individual or public safetyor health. Nothing in this exception shall be deemed to close informationregarding expenditures, purchases, or contracts made by an agency inimplementing these guidelines or policies. When seeking to closeinformation pursuant to this exception, the agency shall affirmativelystate in writing that disclosure would impair its ability to protect thesafety or health of persons, and shall in the same writing state that thepublic interest in nondisclosure outweighs the public interest indisclosure of the records. This exception shall sunset on December 31,2012;
*(19) Existing or proposed security systems and structural plans ofreal property owned or leased by a public governmental body, andinformation that is voluntarily submitted by a nonpublic entity owning oroperating an infrastructure to any public governmental body for use by thatbody to devise plans for protection of that infrastructure, the publicdisclosure of which would threaten public safety:
(a) Records related to the procurement of or expenditures relating tosecurity systems purchased with public funds shall be open;
(b) When seeking to close information pursuant to this exception, thepublic governmental body shall affirmatively state in writing thatdisclosure would impair the public governmental body's ability to protectthe security or safety of persons or real property, and shall in the samewriting state that the public interest in nondisclosure outweighs thepublic interest in disclosure of the records;
(c) Records that are voluntarily submitted by a nonpublic entityshall be reviewed by the receiving agency within ninety days of submissionto determine if retention of the document is necessary in furtherance of astate security interest. If retention is not necessary, the documentsshall be returned to the nonpublic governmental body or destroyed;
(d) This exception shall sunset on December 31, 2012;
(20) Records that identify the configuration of components or theoperation of a computer, computer system, computer network, ortelecommunications network, and would allow unauthorized access to orunlawful disruption of a computer, computer system, computer network, ortelecommunications network of a public governmental body. This exceptionshall not be used to limit or deny access to otherwise public records in afile, document, data file or database containing public records. Recordsrelated to the procurement of or expenditures relating to such computer,computer system, computer network, or telecommunications network, includingthe amount of moneys paid by, or on behalf of, a public governmental bodyfor such computer, computer system, computer network, or telecommunicationsnetwork shall be open;
(21) Credit card numbers, personal identification numbers, digitalcertificates, physical and virtual keys, access codes or authorizationcodes that are used to protect the security of electronic transactionsbetween a public governmental body and a person or entity doing businesswith a public governmental body. Nothing in this section shall be deemedto close the record of a person or entity using a credit card held in thename of a public governmental body or any record of a transaction made by aperson using a credit card or other method of payment for whichreimbursement is made by a public governmental body; and
(22) Records submitted by an individual, corporation, or otherbusiness entity to a public institution of higher education in connectionwith a proposal to license intellectual property or perform sponsoredresearch and which contains sales projections or other business planinformation the disclosure of which may endanger the competitiveness of abusiness.
Closed meetings and closed records authorized when, exceptions, sunsetdates for certain exceptions.
610.021. Except to the extent disclosure is otherwise required bylaw, a public governmental body is authorized to close meetings, recordsand votes, to the extent they relate to the following:
(1) Legal actions, causes of action or litigation involving a publicgovernmental body and any confidential or privileged communications betweena public governmental body or its representatives and its attorneys.However, any minutes, vote or settlement agreement relating to legalactions, causes of action or litigation involving a public governmentalbody or any agent or entity representing its interests or acting on itsbehalf or with its authority, including any insurance company acting onbehalf of a public government body as its insured, shall be made publicupon final disposition of the matter voted upon or upon the signing by theparties of the settlement agreement, unless, prior to final disposition,the settlement agreement is ordered closed by a court after a writtenfinding that the adverse impact to a plaintiff or plaintiffs to the actionclearly outweighs the public policy considerations of section 610.011,however, the amount of any moneys paid by, or on behalf of, the publicgovernmental body shall be disclosed; provided, however, in mattersinvolving the exercise of the power of eminent domain, the vote shall beannounced or become public immediately following the action on the motionto authorize institution of such a legal action. Legal work product shallbe considered a closed record;
(2) Leasing, purchase or sale of real estate by a public governmentalbody where public knowledge of the transaction might adversely affect thelegal consideration therefor. However, any minutes, vote or public recordapproving a contract relating to the leasing, purchase or sale of realestate by a public governmental body shall be made public upon execution ofthe lease, purchase or sale of the real estate;
(3) Hiring, firing, disciplining or promoting of particular employeesby a public governmental body when personal information about the employeeis discussed or recorded. However, any vote on a final decision, whentaken by a public governmental body, to hire, fire, promote or disciplinean employee of a public governmental body shall be made available with arecord of how each member voted to the public within seventy-two hours ofthe close of the meeting where such action occurs; provided, however, thatany employee so affected shall be entitled to prompt notice of suchdecision during the seventy-two-hour period before such decision is madeavailable to the public. As used in this subdivision, the term "personalinformation" means information relating to the performance or merit ofindividual employees;
(4) The state militia or national guard or any part thereof;
(5) Nonjudicial mental or physical health proceedings involvingidentifiable persons, including medical, psychiatric, psychological, oralcoholism or drug dependency diagnosis or treatment;
(6) Scholastic probation, expulsion, or graduation of identifiableindividuals, including records of individual test or examination scores;however, 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;
(7) Testing and examination materials, before the test or examinationis 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 behalfof a public governmental body or its representatives for negotiations withemployee groups;
(10) Software codes for electronic data processing and documentationthereof;
(11) Specifications for competitive bidding, until either thespecifications are officially approved by the public governmental body orthe specifications are published for bid;
(12) Sealed bids and related documents, until the bids are opened;and sealed proposals and related documents or any documents related to anegotiated contract until a contract is executed, or all proposals arerejected;
(13) Individually identifiable personnel records, performance ratingsor records pertaining to employees or applicants for employment, exceptthat this exemption shall not apply to the names, positions, salaries andlengths of service of officers and employees of public agencies once theyare employed as such, and the names of private sources donating orcontributing money to the salary of a chancellor or president at all publiccolleges and universities in the state of Missouri and the amount of moneycontributed by the source;
(14) Records which are protected from disclosure by law;
(15) Meetings and public records relating to scientific andtechnological innovations in which the owner has a proprietary interest;
(16) Records relating to municipal hotlines established for thereporting of abuse and wrongdoing;
(17) Confidential or privileged communications between a publicgovernmental body and its auditor, including all auditor work product;however, all final audit reports issued by the auditor are to be consideredopen records pursuant to this chapter;
*(18) Operational guidelines and policies developed, adopted, ormaintained by any public agency responsible for law enforcement, publicsafety, first response, or public health for use in responding to orpreventing any critical incident which is or appears to be terrorist innature and which has the potential to endanger individual or public safetyor health. Nothing in this exception shall be deemed to close informationregarding expenditures, purchases, or contracts made by an agency inimplementing these guidelines or policies. When seeking to closeinformation pursuant to this exception, the agency shall affirmativelystate in writing that disclosure would impair its ability to protect thesafety or health of persons, and shall in the same writing state that thepublic interest in nondisclosure outweighs the public interest indisclosure of the records. This exception shall sunset on December 31,2012;
*(19) Existing or proposed security systems and structural plans ofreal property owned or leased by a public governmental body, andinformation that is voluntarily submitted by a nonpublic entity owning oroperating an infrastructure to any public governmental body for use by thatbody to devise plans for protection of that infrastructure, the publicdisclosure of which would threaten public safety:
(a) Records related to the procurement of or expenditures relating tosecurity systems purchased with public funds shall be open;
(b) When seeking to close information pursuant to this exception, thepublic governmental body shall affirmatively state in writing thatdisclosure would impair the public governmental body's ability to protectthe security or safety of persons or real property, and shall in the samewriting state that the public interest in nondisclosure outweighs thepublic interest in disclosure of the records;
(c) Records that are voluntarily submitted by a nonpublic entityshall be reviewed by the receiving agency within ninety days of submissionto determine if retention of the document is necessary in furtherance of astate security interest. If retention is not necessary, the documentsshall be returned to the nonpublic governmental body or destroyed;
(d) This exception shall sunset on December 31, 2012;
(20) Records that identify the configuration of components or theoperation of a computer, computer system, computer network, ortelecommunications network, and would allow unauthorized access to orunlawful disruption of a computer, computer system, computer network, ortelecommunications network of a public governmental body. This exceptionshall not be used to limit or deny access to otherwise public records in afile, document, data file or database containing public records. Recordsrelated to the procurement of or expenditures relating to such computer,computer system, computer network, or telecommunications network, includingthe amount of moneys paid by, or on behalf of, a public governmental bodyfor such computer, computer system, computer network, or telecommunicationsnetwork shall be open;
(21) Credit card numbers, personal identification numbers, digitalcertificates, physical and virtual keys, access codes or authorizationcodes that are used to protect the security of electronic transactionsbetween a public governmental body and a person or entity doing businesswith a public governmental body. Nothing in this section shall be deemedto close the record of a person or entity using a credit card held in thename of a public governmental body or any record of a transaction made by aperson using a credit card or other method of payment for whichreimbursement is made by a public governmental body; and
(22) Records submitted by an individual, corporation, or otherbusiness entity to a public institution of higher education in connectionwith a proposal to license intellectual property or perform sponsoredresearch and which contains sales projections or other business planinformation the disclosure of which may endanger the competitiveness of abusiness.
Closed meetings and closed records authorized when, exceptions, sunsetdates for certain exceptions.
610.021. Except to the extent disclosure is otherwise required bylaw, a public governmental body is authorized to close meetings, recordsand votes, to the extent they relate to the following:
(1) Legal actions, causes of action or litigation involving a publicgovernmental body and any confidential or privileged communications betweena public governmental body or its representatives and its attorneys.However, any minutes, vote or settlement agreement relating to legalactions, causes of action or litigation involving a public governmentalbody or any agent or entity representing its interests or acting on itsbehalf or with its authority, including any insurance company acting onbehalf of a public government body as its insured, shall be made publicupon final disposition of the matter voted upon or upon the signing by theparties of the settlement agreement, unless, prior to final disposition,the settlement agreement is ordered closed by a court after a writtenfinding that the adverse impact to a plaintiff or plaintiffs to the actionclearly outweighs the public policy considerations of section 610.011,however, the amount of any moneys paid by, or on behalf of, the publicgovernmental body shall be disclosed; provided, however, in mattersinvolving the exercise of the power of eminent domain, the vote shall beannounced or become public immediately following the action on the motionto authorize institution of such a legal action. Legal work product shallbe considered a closed record;
(2) Leasing, purchase or sale of real estate by a public governmentalbody where public knowledge of the transaction might adversely affect thelegal consideration therefor. However, any minutes, vote or public recordapproving a contract relating to the leasing, purchase or sale of realestate by a public governmental body shall be made public upon execution ofthe lease, purchase or sale of the real estate;
(3) Hiring, firing, disciplining or promoting of particular employeesby a public governmental body when personal information about the employeeis discussed or recorded. However, any vote on a final decision, whentaken by a public governmental body, to hire, fire, promote or disciplinean employee of a public governmental body shall be made available with arecord of how each member voted to the public within seventy-two hours ofthe close of the meeting where such action occurs; provided, however, thatany employee so affected shall be entitled to prompt notice of suchdecision during the seventy-two-hour period before such decision is madeavailable to the public. As used in this subdivision, the term "personalinformation" means information relating to the performance or merit ofindividual employees;
(4) The state militia or national guard or any part thereof;
(5) Nonjudicial mental or physical health proceedings involvingidentifiable persons, including medical, psychiatric, psychological, oralcoholism or drug dependency diagnosis or treatment;
(6) Scholastic probation, expulsion, or graduation of identifiableindividuals, including records of individual test or examination scores;however, 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;
(7) Testing and examination materials, before the test or examinationis 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 behalfof a public governmental body or its representatives for negotiations withemployee groups;
(10) Software codes for electronic data processing and documentationthereof;
(11) Specifications for competitive bidding, until either thespecifications are officially approved by the public governmental body orthe specifications are published for bid;
(12) Sealed bids and related documents, until the bids are opened;and sealed proposals and related documents or any documents related to anegotiated contract until a contract is executed, or all proposals arerejected;
(13) Individually identifiable personnel records, performance ratingsor records pertaining to employees or applicants for employment, exceptthat this exemption shall not apply to the names, positions, salaries andlengths of service of officers and employees of public agencies once theyare employed as such, and the names of private sources donating orcontributing money to the salary of a chancellor or president at all publiccolleges and universities in the state of Missouri and the amount of moneycontributed by the source;
(14) Records which are protected from disclosure by law;
(15) Meetings and public records relating to scientific andtechnological innovations in which the owner has a proprietary interest;
(16) Records relating to municipal hotlines established for thereporting of abuse and wrongdoing;
(17) Confidential or privileged communications between a publicgovernmental body and its auditor, including all auditor work product;however, all final audit reports issued by the auditor are to be consideredopen records pursuant to this chapter;
*(18) Operational guidelines and policies developed, adopted, ormaintained by any public agency responsible for law enforcement, publicsafety, first response, or public health for use in responding to orpreventing any critical incident which is or appears to be terrorist innature and which has the potential to endanger individual or public safetyor health. Nothing in this exception shall be deemed to close informationregarding expenditures, purchases, or contracts made by an agency inimplementing these guidelines or policies. When seeking to closeinformation pursuant to this exception, the agency shall affirmativelystate in writing that disclosure would impair its ability to protect thesafety or health of persons, and shall in the same writing state that thepublic interest in nondisclosure outweighs the public interest indisclosure of the records. This exception shall sunset on December 31,2012;
*(19) Existing or proposed security systems and structural plans ofreal property owned or leased by a public governmental body, andinformation that is voluntarily submitted by a nonpublic entity owning oroperating an infrastructure to any public governmental body for use by thatbody to devise plans for protection of that infrastructure, the publicdisclosure of which would threaten public safety:
(a) Records related to the procurement of or expenditures relating tosecurity systems purchased with public funds shall be open;
(b) When seeking to close information pursuant to this exception, thepublic governmental body shall affirmatively state in writing thatdisclosure would impair the public governmental body's ability to protectthe security or safety of persons or real property, and shall in the samewriting state that the public interest in nondisclosure outweighs thepublic interest in disclosure of the records;
(c) Records that are voluntarily submitted by a nonpublic entityshall be reviewed by the receiving agency within ninety days of submissionto determine if retention of the document is necessary in furtherance of astate security interest. If retention is not necessary, the documentsshall be returned to the nonpublic governmental body or destroyed;
(d) This exception shall sunset on December 31, 2012;
(20) Records that identify the configuration of components or theoperation of a computer, computer system, computer network, ortelecommunications network, and would allow unauthorized access to orunlawful disruption of a computer, computer system, computer network, ortelecommunications network of a public governmental body. This exceptionshall not be used to limit or deny access to otherwise public records in afile, document, data file or database containing public records. Recordsrelated to the procurement of or expenditures relating to such computer,computer system, computer network, or telecommunications network, includingthe amount of moneys paid by, or on behalf of, a public governmental bodyfor such computer, computer system, computer network, or telecommunicationsnetwork shall be open;
(21) Credit card numbers, personal identification numbers, digitalcertificates, physical and virtual keys, access codes or authorizationcodes that are used to protect the security of electronic transactionsbetween a public governmental body and a person or entity doing businesswith a public governmental body. Nothing in this section shall be deemedto close the record of a person or entity using a credit card held in thename of a public governmental body or any record of a transaction made by aperson using a credit card or other method of payment for whichreimbursement is made by a public governmental body; and
(22) Records submitted by an individual, corporation, or otherbusiness entity to a public institution of higher education in connectionwith a proposal to license intellectual property or perform sponsoredresearch and which contains sales projections or other business planinformation the disclosure of which may endanger the competitiveness of abusiness.
