Violations
This law is about what happens when a government group in Missouri breaks the open meetings and records rules. Anyone affected, plus the attorney general or prosecutor, can take the government group to court. Once someone shows the group broke the rules, the government group has to prove it did nothing wrong. If a court finds the group or one of its members knowingly broke the rules, there can be a fine up to $1,000 and the group may have to pay the other side's lawyer fees. If the violation was on purpose, the fine can go up to $5,000 and the group must pay lawyer fees. A court can also cancel any action the group took while breaking the rules, if that seems fair. A government group that is unsure whether it can close a meeting can ask a court or the attorney general for guidance.
610.027. Violations — , procedure, , purposeful violations — of s by governing bodies in violation — governmental bodies may seek interpretation of law, to provide. — 1. The remedies provided by this section against public governmental bodies shall be in addition to those provided by any other of law. Any , taxpayer to, or citizen of, this state, or the attorney general or , may seek judicial of the requirements of sections 610.010 to 610.026. Suits to sections 610.010 to 610.026 shall be brought in the for the county in which the has its . Upon of a , , , , or in a brought to enforce the of sections 610.010 to 610.026, the of the that is the subject matter of such civil action shall not , alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, the applicability of an section 610.021 or the assertion that the requested is not a public record until the court directs otherwise.
2. Once a seeking judicial enforcement of sections 610.010 to 610.026 demonstrates to the court that the body in question is subject to the requirements of sections 610.010 to 610.026 and has held a , record or vote, the of persuasion shall be on the body and its members to demonstrate with the requirements of sections 610.010 to 610.026.
3. Upon a finding by a that a public governmental body or a member of a public governmental body has violated sections 610.010 to 610.026, the public governmental body or the member shall be subject to a in an amount up to one thousand dollars. If the court finds that there is a of sections 610.010 to 610.026, the court may the payment by such body or member of all costs and reasonable to any party successfully establishing a violation. The court shall determine the amount of the penalty by taking into account the size of the , the seriousness of the , and whether the public governmental body or member of a public governmental body has violated sections 610.010 to 610.026 previously.
4. Upon a finding by a preponderance of the evidence that a public governmental body or a member of a public governmental body has purposely violated sections 610.010 to 610.026, the public governmental body or the member shall be subject to a civil penalty in an amount up to five thousand dollars. If the court finds that there was a purposeful violation of sections 610.010 to 610.026, then the court shall order the payment by such body or member of all costs and reasonable attorney fees to any party successfully establishing such a violation. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the public governmental body or member of a public governmental body has violated sections 610.010 to 610.026 previously.
5. Upon a finding by a preponderance of the evidence that a public governmental body has violated any provision of sections 610.010 to 610.026, a court shall any action taken in violation of sections 610.010 to 610.026, if the court finds under the facts of the particular case that the public interest in the enforcement of the policy of sections 610.010 to 610.026 outweighs the public interest in sustaining the validity of the action taken in the closed meeting, record or vote. Suit for enforcement shall be brought within one year from which the violation is and in no event shall it be brought later than two years after the violation. This shall not apply to an action taken regarding the of bonds or other of a public governmental body if a public , or public sale has been held regarding the bonds or evidence of indebtedness.
6. A public governmental body which is in doubt about the legality of closing a particular meeting, record or vote may bring suit at the expense of that public governmental body in the circuit court of the county of the public governmental body's principal place of business to the of any such action, or seek a formal opinion of the attorney general or an attorney for the governmental body.
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Source & history notes
(L. 1982 H.B. 1253, A.L. 1987 S.B. 2, A.L. 1990 H.B. 1395 & 1448, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al.)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.