April 15, 2005
St. Joseph, Mo. — Missouri Attorney General Jay Nixon and the St. Joseph Museum have signed an agreement filed in Buchanan County Circuit Court declaring that the museum is a quasi-governmental body and will now comply with the state's open records and opening meeting laws.
"It's important to note that the museum receives the vast majority of its funding from tax dollars, and as such, the people of St. Joseph have the right to know how those dollars are being spent," Nixon said. "I am pleased and heartened that the leadership of the museum has come to realize this, and I believe it's an important step in this organization winning back the trust of the community."
Nixon filed the suit last month when his office requested several public documents from the museum's executive director — including documents that nonprofit organizations are required by the Internal Revenue Service to make public — but the request was refused. The document request was made as part of an inquiry into the museum's compliance with the Missouri Nonprofit Corporation Act.
Nixon asked the court to declare the museum was a quasi-public governmental body because of the large level of involvement and investment the city of St. Joseph has in the museum. The museum receives over 75 percent of its funding from a 5-cent property tax levy and exercises control over the museum by appointing three members of the museum's board of directors. Furthermore, the city and museum must work cooperatively on all expenditures made by the museum.
Although the circumstances in which an entity may be classified as a "quasi-public governmental body" are somewhat narrow under Missouri's Sunshine Law, Nixon believed the museum fell within Missouri law. Under the agreement, St. Joseph Museums Inc. has agreed that it is a quasi-governmental body and therefore subject to Missouri's Sunshine Law, and must fully comply with Missouri statutes as they apply to open records and open meetings.
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