Violations--remedies, procedure, penalty, purposefulviolations--validity of actions by governing bodies inviolation--governmental bodies may seek interpretation of law,attorney general to provide.
610.027. 1. The remedies provided by this section against publicgovernmental bodies shall be in addition to those provided by any otherprovision of law. Any aggrieved person, taxpayer to, or citizen of, thisstate, or the attorney general or prosecuting attorney, may seek judicialenforcement of the requirements of sections 610.010 to 610.026. Suits toenforce sections 610.010 to 610.026 shall be brought in the circuit courtfor the county in which the public governmental body has its principalplace of business. Upon service of a summons, petition, complaint,counterclaim, or cross-claim in a civil action brought to enforce theprovisions of sections 610.010 to 610.026, the custodian of the publicrecord that is the subject matter of such civil action shall not transfercustody, alter, destroy, or otherwise dispose of the public record soughtto be inspected and examined, notwithstanding the applicability of anexemption pursuant to section 610.021 or the assertion that the requestedrecord is not a public record until the court directs otherwise.
2. Once a party seeking judicial enforcement of sections 610.010 to610.026 demonstrates to the court that the body in question is subject tothe requirements of sections 610.010 to 610.026 and has held a closedmeeting, record or vote, the burden of persuasion shall be on the body andits members to demonstrate compliance with the requirements of sections610.010 to 610.026.
3. Upon a finding by a preponderance of the evidence that a publicgovernmental body or a member of a public governmental body has knowinglyviolated sections 610.010 to 610.026, the public governmental body or themember shall be subject to a civil penalty in an amount up to one thousanddollars. If the court finds that there is a knowing violation of sections610.010 to 610.026, the court may order the payment by such body or memberof all costs and reasonable attorney fees to any party successfullyestablishing a violation. The court shall determine the amount of thepenalty by taking into account the size of the jurisdiction, theseriousness of the offense, and whether the public governmental body ormember of a public governmental body has violated sections 610.010 to610.026 previously.
4. Upon a finding by a preponderance of the evidence that a publicgovernmental body or a member of a public governmental body has purposelyviolated sections 610.010 to 610.026, the public governmental body or themember shall be subject to a civil penalty in an amount up to five thousanddollars. If the court finds that there was a purposeful violation ofsections 610.010 to 610.026, then the court shall order the payment by suchbody or member of all costs and reasonable attorney fees to any partysuccessfully establishing such a violation. The court shall determine theamount of the penalty by taking into account the size of the jurisdiction,the seriousness of the offense, and whether the public governmental body ormember of a public governmental body has violated sections 610.010 to610.026 previously.
5. Upon a finding by a preponderance of the evidence that a publicgovernmental body has violated any provision of sections 610.010 to610.026, a court shall void any action taken in violation of sections610.010 to 610.026, if the court finds under the facts of the particularcase that the public interest in the enforcement of the policy of sections610.010 to 610.026 outweighs the public interest in sustaining the validityof the action taken in the closed meeting, record or vote. Suit forenforcement shall be brought within one year from which the violation isascertainable and in no event shall it be brought later than two yearsafter the violation. This subsection shall not apply to an action takenregarding the issuance of bonds or other evidence of indebtedness of apublic governmental body if a public hearing, election or public sale hasbeen held regarding the bonds or evidence of indebtedness.
6. A public governmental body which is in doubt about the legality ofclosing a particular meeting, record or vote may bring suit at the expenseof that public governmental body in the circuit court of the county of thepublic governmental body's principal place of business to ascertain thepropriety of any such action, or seek a formal opinion of the attorneygeneral or an attorney for the governmental body.
Violations--remedies, procedure, penalty, purposefulviolations--validity of actions by governing bodies inviolation--governmental bodies may seek interpretation of law,attorney general to provide.
610.027. 1. The remedies provided by this section against publicgovernmental bodies shall be in addition to those provided by any otherprovision of law. Any aggrieved person, taxpayer to, or citizen of, thisstate, or the attorney general or prosecuting attorney, may seek judicialenforcement of the requirements of sections 610.010 to 610.026. Suits toenforce sections 610.010 to 610.026 shall be brought in the circuit courtfor the county in which the public governmental body has its principalplace of business. Upon service of a summons, petition, complaint,counterclaim, or cross-claim in a civil action brought to enforce theprovisions of sections 610.010 to 610.026, the custodian of the publicrecord that is the subject matter of such civil action shall not transfercustody, alter, destroy, or otherwise dispose of the public record soughtto be inspected and examined, notwithstanding the applicability of anexemption pursuant to section 610.021 or the assertion that the requestedrecord is not a public record until the court directs otherwise.
2. Once a party seeking judicial enforcement of sections 610.010 to610.026 demonstrates to the court that the body in question is subject tothe requirements of sections 610.010 to 610.026 and has held a closedmeeting, record or vote, the burden of persuasion shall be on the body andits members to demonstrate compliance with the requirements of sections610.010 to 610.026.
3. Upon a finding by a preponderance of the evidence that a publicgovernmental body or a member of a public governmental body has knowinglyviolated sections 610.010 to 610.026, the public governmental body or themember shall be subject to a civil penalty in an amount up to one thousanddollars. If the court finds that there is a knowing violation of sections610.010 to 610.026, the court may order the payment by such body or memberof all costs and reasonable attorney fees to any party successfullyestablishing a violation. The court shall determine the amount of thepenalty by taking into account the size of the jurisdiction, theseriousness of the offense, and whether the public governmental body ormember of a public governmental body has violated sections 610.010 to610.026 previously.
4. Upon a finding by a preponderance of the evidence that a publicgovernmental body or a member of a public governmental body has purposelyviolated sections 610.010 to 610.026, the public governmental body or themember shall be subject to a civil penalty in an amount up to five thousanddollars. If the court finds that there was a purposeful violation ofsections 610.010 to 610.026, then the court shall order the payment by suchbody or member of all costs and reasonable attorney fees to any partysuccessfully establishing such a violation. The court shall determine theamount of the penalty by taking into account the size of the jurisdiction,the seriousness of the offense, and whether the public governmental body ormember of a public governmental body has violated sections 610.010 to610.026 previously.
5. Upon a finding by a preponderance of the evidence that a publicgovernmental body has violated any provision of sections 610.010 to610.026, a court shall void any action taken in violation of sections610.010 to 610.026, if the court finds under the facts of the particularcase that the public interest in the enforcement of the policy of sections610.010 to 610.026 outweighs the public interest in sustaining the validityof the action taken in the closed meeting, record or vote. Suit forenforcement shall be brought within one year from which the violation isascertainable and in no event shall it be brought later than two yearsafter the violation. This subsection shall not apply to an action takenregarding the issuance of bonds or other evidence of indebtedness of apublic governmental body if a public hearing, election or public sale hasbeen held regarding the bonds or evidence of indebtedness.
6. A public governmental body which is in doubt about the legality ofclosing a particular meeting, record or vote may bring suit at the expenseof that public governmental body in the circuit court of the county of thepublic governmental body's principal place of business to ascertain thepropriety of any such action, or seek a formal opinion of the attorneygeneral or an attorney for the governmental body.
Violations--remedies, procedure, penalty, purposefulviolations--validity of actions by governing bodies inviolation--governmental bodies may seek interpretation of law,attorney general to provide.
610.027. 1. The remedies provided by this section against publicgovernmental bodies shall be in addition to those provided by any otherprovision of law. Any aggrieved person, taxpayer to, or citizen of, thisstate, or the attorney general or prosecuting attorney, may seek judicialenforcement of the requirements of sections 610.010 to 610.026. Suits toenforce sections 610.010 to 610.026 shall be brought in the circuit courtfor the county in which the public governmental body has its principalplace of business. Upon service of a summons, petition, complaint,counterclaim, or cross-claim in a civil action brought to enforce theprovisions of sections 610.010 to 610.026, the custodian of the publicrecord that is the subject matter of such civil action shall not transfercustody, alter, destroy, or otherwise dispose of the public record soughtto be inspected and examined, notwithstanding the applicability of anexemption pursuant to section 610.021 or the assertion that the requestedrecord is not a public record until the court directs otherwise.
2. Once a party seeking judicial enforcement of sections 610.010 to610.026 demonstrates to the court that the body in question is subject tothe requirements of sections 610.010 to 610.026 and has held a closedmeeting, record or vote, the burden of persuasion shall be on the body andits members to demonstrate compliance with the requirements of sections610.010 to 610.026.
3. Upon a finding by a preponderance of the evidence that a publicgovernmental body or a member of a public governmental body has knowinglyviolated sections 610.010 to 610.026, the public governmental body or themember shall be subject to a civil penalty in an amount up to one thousanddollars. If the court finds that there is a knowing violation of sections610.010 to 610.026, the court may order the payment by such body or memberof all costs and reasonable attorney fees to any party successfullyestablishing a violation. The court shall determine the amount of thepenalty by taking into account the size of the jurisdiction, theseriousness of the offense, and whether the public governmental body ormember of a public governmental body has violated sections 610.010 to610.026 previously.
4. Upon a finding by a preponderance of the evidence that a publicgovernmental body or a member of a public governmental body has purposelyviolated sections 610.010 to 610.026, the public governmental body or themember shall be subject to a civil penalty in an amount up to five thousanddollars. If the court finds that there was a purposeful violation ofsections 610.010 to 610.026, then the court shall order the payment by suchbody or member of all costs and reasonable attorney fees to any partysuccessfully establishing such a violation. The court shall determine theamount of the penalty by taking into account the size of the jurisdiction,the seriousness of the offense, and whether the public governmental body ormember of a public governmental body has violated sections 610.010 to610.026 previously.
5. Upon a finding by a preponderance of the evidence that a publicgovernmental body has violated any provision of sections 610.010 to610.026, a court shall void any action taken in violation of sections610.010 to 610.026, if the court finds under the facts of the particularcase that the public interest in the enforcement of the policy of sections610.010 to 610.026 outweighs the public interest in sustaining the validityof the action taken in the closed meeting, record or vote. Suit forenforcement shall be brought within one year from which the violation isascertainable and in no event shall it be brought later than two yearsafter the violation. This subsection shall not apply to an action takenregarding the issuance of bonds or other evidence of indebtedness of apublic governmental body if a public hearing, election or public sale hasbeen held regarding the bonds or evidence of indebtedness.
6. A public governmental body which is in doubt about the legality ofclosing a particular meeting, record or vote may bring suit at the expenseof that public governmental body in the circuit court of the county of thepublic governmental body's principal place of business to ascertain thepropriety of any such action, or seek a formal opinion of the attorneygeneral or an attorney for the governmental body.
