State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_022

Closed meetings, procedure and limitation--public records presumedopen unless exempt--objections to closing meetings or records,procedure.

610.022. 1. Except as set forth in subsection 2 of this section, nomeeting or vote may be closed without an affirmative public vote of themajority of a quorum of the public governmental body. The vote of eachmember of the public governmental body on the question of closing a publicmeeting or vote and the specific reason for closing that public meeting orvote by reference to a specific section of this chapter shall be announcedpublicly at an open meeting of the governmental body and entered into theminutes.

2. A public governmental body proposing to hold a closed meeting orvote shall give notice of the time, date and place of such closed meetingor vote and the reason for holding it by reference to the specificexception allowed pursuant to the provisions of section 610.021. Suchnotice shall comply with the procedures set forth in section 610.020 fornotice of a public meeting.

3. Any meeting or vote closed pursuant to section 610.021 shall beclosed only to the extent necessary for the specific reason announced tojustify the closed meeting or vote. Public governmental bodies shall notdiscuss any business in a closed meeting, record or vote which does notdirectly relate to the specific reason announced to justify the closedmeeting or vote. Public governmental bodies holding a closed meeting shallclose only an existing portion of the meeting facility necessary to housethe members of the public governmental body in the closed session, allowingmembers of the public to remain to attend any subsequent open session heldby the public governmental body following the closed session.

4. Nothing in sections 610.010 to 610.028 shall be construed as torequire a public governmental body to hold a closed meeting, record or voteto discuss or act upon any matter.

5. Public records shall be presumed to be open unless otherwiseexempt pursuant to the provisions of this chapter.

6. In the event any member of a public governmental body makes amotion to close a meeting, or a record, or a vote from the public and anyother member believes that such motion, if passed, would cause a meeting,record or vote to be closed from the public in violation of any provisionin this chapter, such latter member shall state his or her objection to themotion at or before the time the vote is taken on the motion. The publicgovernmental body shall enter in the minutes of the public governmentalbody any objection made pursuant to this subsection. Any member makingsuch 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 toclose the meeting, record or vote at issue, the objection and vote of themember as entered in the minutes shall be an absolute defense to any claimfiled against the objecting member pursuant to section 610.027.

(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.)

(1993) A school board's workshop designed to improve effective communication and group interaction did not violate open meetings law because no public business was discussed. Kansas City Star Co. v. Fulson, 859 S.W.2d 934 (Mo.App.W.D.).

State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_022

Closed meetings, procedure and limitation--public records presumedopen unless exempt--objections to closing meetings or records,procedure.

610.022. 1. Except as set forth in subsection 2 of this section, nomeeting or vote may be closed without an affirmative public vote of themajority of a quorum of the public governmental body. The vote of eachmember of the public governmental body on the question of closing a publicmeeting or vote and the specific reason for closing that public meeting orvote by reference to a specific section of this chapter shall be announcedpublicly at an open meeting of the governmental body and entered into theminutes.

2. A public governmental body proposing to hold a closed meeting orvote shall give notice of the time, date and place of such closed meetingor vote and the reason for holding it by reference to the specificexception allowed pursuant to the provisions of section 610.021. Suchnotice shall comply with the procedures set forth in section 610.020 fornotice of a public meeting.

3. Any meeting or vote closed pursuant to section 610.021 shall beclosed only to the extent necessary for the specific reason announced tojustify the closed meeting or vote. Public governmental bodies shall notdiscuss any business in a closed meeting, record or vote which does notdirectly relate to the specific reason announced to justify the closedmeeting or vote. Public governmental bodies holding a closed meeting shallclose only an existing portion of the meeting facility necessary to housethe members of the public governmental body in the closed session, allowingmembers of the public to remain to attend any subsequent open session heldby the public governmental body following the closed session.

4. Nothing in sections 610.010 to 610.028 shall be construed as torequire a public governmental body to hold a closed meeting, record or voteto discuss or act upon any matter.

5. Public records shall be presumed to be open unless otherwiseexempt pursuant to the provisions of this chapter.

6. In the event any member of a public governmental body makes amotion to close a meeting, or a record, or a vote from the public and anyother member believes that such motion, if passed, would cause a meeting,record or vote to be closed from the public in violation of any provisionin this chapter, such latter member shall state his or her objection to themotion at or before the time the vote is taken on the motion. The publicgovernmental body shall enter in the minutes of the public governmentalbody any objection made pursuant to this subsection. Any member makingsuch 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 toclose the meeting, record or vote at issue, the objection and vote of themember as entered in the minutes shall be an absolute defense to any claimfiled against the objecting member pursuant to section 610.027.

(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.)

(1993) A school board's workshop designed to improve effective communication and group interaction did not violate open meetings law because no public business was discussed. Kansas City Star Co. v. Fulson, 859 S.W.2d 934 (Mo.App.W.D.).


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T39 > C610 > 610_022

Closed meetings, procedure and limitation--public records presumedopen unless exempt--objections to closing meetings or records,procedure.

610.022. 1. Except as set forth in subsection 2 of this section, nomeeting or vote may be closed without an affirmative public vote of themajority of a quorum of the public governmental body. The vote of eachmember of the public governmental body on the question of closing a publicmeeting or vote and the specific reason for closing that public meeting orvote by reference to a specific section of this chapter shall be announcedpublicly at an open meeting of the governmental body and entered into theminutes.

2. A public governmental body proposing to hold a closed meeting orvote shall give notice of the time, date and place of such closed meetingor vote and the reason for holding it by reference to the specificexception allowed pursuant to the provisions of section 610.021. Suchnotice shall comply with the procedures set forth in section 610.020 fornotice of a public meeting.

3. Any meeting or vote closed pursuant to section 610.021 shall beclosed only to the extent necessary for the specific reason announced tojustify the closed meeting or vote. Public governmental bodies shall notdiscuss any business in a closed meeting, record or vote which does notdirectly relate to the specific reason announced to justify the closedmeeting or vote. Public governmental bodies holding a closed meeting shallclose only an existing portion of the meeting facility necessary to housethe members of the public governmental body in the closed session, allowingmembers of the public to remain to attend any subsequent open session heldby the public governmental body following the closed session.

4. Nothing in sections 610.010 to 610.028 shall be construed as torequire a public governmental body to hold a closed meeting, record or voteto discuss or act upon any matter.

5. Public records shall be presumed to be open unless otherwiseexempt pursuant to the provisions of this chapter.

6. In the event any member of a public governmental body makes amotion to close a meeting, or a record, or a vote from the public and anyother member believes that such motion, if passed, would cause a meeting,record or vote to be closed from the public in violation of any provisionin this chapter, such latter member shall state his or her objection to themotion at or before the time the vote is taken on the motion. The publicgovernmental body shall enter in the minutes of the public governmentalbody any objection made pursuant to this subsection. Any member makingsuch 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 toclose the meeting, record or vote at issue, the objection and vote of themember as entered in the minutes shall be an absolute defense to any claimfiled against the objecting member pursuant to section 610.027.

(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.)

(1993) A school board's workshop designed to improve effective communication and group interaction did not violate open meetings law because no public business was discussed. Kansas City Star Co. v. Fulson, 859 S.W.2d 934 (Mo.App.W.D.).