A. Definition of Public Record
Access to public records is a key component of the Missouri "Open Meetings/Open Records Law" (Sunshine Law), Chapter 610, RSMo, Governmental Bodies and Records. Section 610.010(6), RSMo 2016, defines a "public record" to include any record of or retained by a public governmental body, whether written or electronically stored. The courts have repeatedly emphasized that the physical nature of the document is irrelevant; what matters is "who prepared or retains the record." N. Kansas City Hosp. Bd. of Trustees v. St. Luke's Northland Hosp., 984 S.W.2d 113, 117 (Mo. App. W.D. 1998) (citing City of Springfield v. Events Pub. Co., 951 S.W.2d 366, 371 (Mo. App. W.D. 1998)). Because the phrasing of the section uses the term "of or retained by a public governmental body," it could include records in the possession of the governmental body, but also records "of" the body but not in the possession of the body. This distinction has never been examined by the courts.
1. Records Held by Third Parties
The definition of "public record" includes records prepared and presented to "the public...
