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Sunshine Law - Missouri Attorney General

Sunshine Law - Missouri Attorney General

Sunshine Law - Missouri Attorney General

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5. Upon a finding by a preponderance of the evidence that a public governmentalbody has violated any provision of sections 610.010 to 610.026, a court shall voidany action taken in violation of sections 610.010 to 610.026, if the court findsunder the facts of the particular case that the public interest in the enforcementof the policy of sections 610.010 to 610.026 outweighs the public interest insustaining 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 violationis ascertainable and in no event shall it be brought later than two years after theviolation. This subsection shall not apply to an action taken regarding the issuanceof bonds or other evidence of indebtedness of a public governmental body ifa public hearing, election or public sale has been held regarding the bonds orevidence of indebtedness.6. A public governmental body which is in doubt about the legality of closing aparticular meeting, record or vote may bring suit at the expense of that publicgovernmental body in the circuit court of the county of the public governmentalbody’s principal place of business to ascertain the propriety of any such action, orseek a formal opinion of the attorney general or an attorney for the governmentalbody.610.028. Legal defense of members of governmental bodies, when –written policy on release of information required – persons reportingviolations exempt from liability and discipline.1. Any public governmental body may provide for the legal defense of any membercharged with a violation of sections 610.010 to 610.030.2. Each public governmental body shall provide a reasonable written policy incompliance with sections 610.010 to 610.030, open to public inspection, regardingthe release of information on any meeting, record or vote and any member oremployee of the public governmental body who complies with the written policy isnot guilty of a violation of the provisions of sections 610.010 to 610.030 or subjectto civil liability for any act arising out of his adherence to the written policy of theagency.3. No person who in good faith reports a violation of the provisions of sections610.010 to 610.030 is civilly liable for making such report, nor, if such person is anofficer or employee of a public governmental body, may such person be demoted,fired, suspended, or otherwise disciplined for making such report.182014 MISSOURI SUNSHINE LAW

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