COURT DECISIONS AND ATTORNEY GENERAL OPINIONS
By Category - Open Records and Meetings
HEMEYER v. KRCG-TV, 6 S.W.3d 880 (Mo. 1999)
A security videotape of a booking at a county jail is a public record even though the videotape is retained for only days.
Also, a public body that brings an action under § 610.027.5, RSMo, to determine its responsibility under the Sunshine Law is liable for reasonable attorney fees because the body brings suit at its own expense under that section.
SPRADLIN v. CITY OF FULTON, 982 S.W.2d 255 (Mo. 1998)
A city’s closed-meeting discussions of a proposed golf course violate the Sunshine Law when the discussions do not involve the city’s proposed lease of that golf course pursuant to § 610.021(2), RSMo.
DEATON v. KIDD, 932 S.W.2d 804 (Mo. App. W.D. 1996)
A public governmental body may not restrict public access to records by selling exclusive rights to computer tapes of public records to a bidder who then provides the records at a cost to the public.
PULITZER PUBLISHING CO. v. MISSOURI STATE EMPLOYEES’ RETIREMENT SYSTEM (MOSERS), 927 S.W.2d 477 (Mo. App. W.D. 1996)
A public governmental body may not promulgate a rule to close public records where there is no statutory authority for that rule and the records appear to be public pursuant to § 610.021(13), RSMo.
MISSOURI PROTECTION AND ADVOCACY SERVICES v. ALLAN,
787 S.W.2d 291 (Mo. App. W.D. 1990)
A preliminary draft of a report prepared by the U.S. Office of Special Education Programs and in the possession of the Missouri Department of Elementary and Secondary Education is a public record because it is a record retained by a public governmental body. Section 610.010(6), RSMo, does not require a record to be in final form.
LIBRACH v. COOPER, 778 S.W.2d 351 (Mo. App. E.D. 1989)
A severance agreement reached between a school district and superintendent is a public record to be made available for inspection and copying.
OPINION NO. 47-2010
A list of personal care attendants’ addresses cannot be closed under § 610.021(13), RSMo, which authorizes closure of "[i]ndividually identifiable personnel records, performance ratings or records pertaining to employees . . ." because the names and addresses are not "records pertaining to employees" that can be closed under § 610.021(13), RSMo, nor "trade secrets" that can be closed under § 610.021(14), RSMo, via the "Missouri Uniform Trade Secrets Act," §§ 417.450 to 417.467, RSMo, because the list consists of information made public by statute. Therefore, the Sunshine Law’s general presumption of openness applies and the records are open.
OPINION NO. 126-2003
The Sunshine Law requires an election authority to release a record of voter registration information to a newspaper and to provide a copy in CD-ROM format, if available.
OPINION NO. 95-2001
The names, addresses, and water bills of customers of a public water supply district are records subject to disclosure under Chapter 610, RSMo. This does not apply to other information such as Social Security numbers.
OPINION NO. 129-97
The vote of each school board member must be available to the public on votes to hire, fire, discipline, or promote particular employees in a closed meeting pursuant to § 610.021(3), RSMo. But the information considered during the closed meeting and before the actual vote is taken does not have to be disclosed.
OPINION NO. 192-94
Telephone billing records of an individual member of the General Assembly are public records as defined by § 610.010(6), RSMo, to be made available for inspection and copying as provided in §§ 610.023 through 610.026, RSMo.
OPINION NO. 77-92
For purposes of § 610.021(3) and (13), RSMo, an elected mayor and elected city council members are not employees of a city; a city clerk and finance director, who are appointed and are paid, are employees; and members of a citizen board, who are appointed but not paid, are not employees.
OPINION NO. 117-91
Property record cards prepared and retained by a county assessor are public records to be made available for inspection and copying as provided in § 610.023, RSMo.
OPINION NO. 89-89
If a public governmental body retains copies of records of the information set out in § 290.290, RSMo, they are public records and must be made available for inspection and copying pursuant to § 610.023, RSMo.