School districts may be termed “Municipal Corporations”. Records and contracts required by statute to be kept by school districts are within the scope and effect of Sections 109.180 and 109.190 RSMo. Cum. Sup. 1961, and are open to inspection at all reasonable times. Records required to be maintained by statute are “public records”.

SCHO~ TJ RE'~ORDS : Scpool districts may be if.__ .• a "Municipal Corporations 11 • Recor ds and contracts required by statut e to be MUNICIPAL CORPORATIONS : CONTRACTS: kept by school districts ar e within the scope and effect of Sections 109. 180 PUBLIC RECORDS : RECORDS : and 109.-190 RSr..Yo . Cum. Sup . 1961, and are open to inspection at al l reason- abl e times . Records required to be maintained by statute are "public records February 5, 1963 OPINION NO . 205 (1962) OPINION NO . 12 (1963) Honorable Leieen 0. Boyd Prosecuting Attorney Worth County Grant City, Missouri Dear Mr. Boyd a This opinion is in answer to your inquiry• which 1s stated as followss "Does the public or a taxpayer or a reorganized 8chool district have the right to inspect the minutes or a regular or special meeting of the Board of Education? Kay the specific contracts or actions of the Board or Education be withheld from inspection by an interested taxpayer?,. You have stated that this is a reorganized school district. In this regard it must be pointed out that the Missouri statutes list only four classifications of schools in Missouri. The7 are classified as follows by Section 165.010, RSMo 1959t "The public school districts organized under any of the laws or this state are hereby classified aa follows: " (1) All districts having only three directors are common school districts; 11 (2) All districts outside or incor- porated cities. towns and villases. which are governed by six directors are consolidated school districts; u(3) All districts governed by six Honorable Lo1cen o. Boyd directors and in which is located anv city of the tourth class, any city organized under a special charter ~ch hae lees than one thousand ~abitante , or any town or vil1age, are town school dia- trictsJ and " (4) All districts 1n which is located any city of the first, second or third class, or any city organized und.er a oonatitutional charter or under a special charter, which baa one thousand but not more than three hundred thousand inhabi- tants, ave city school districts. ff Therefore, a reorganized school district, which by Section 165.687, RSMo 1959, ia organized as a six-director dis .. trict, must be classified under subsection 2, 3 or 4 of Section 165. 010 and be governed by the atatutea applicable to them. Further, as stated in State ex rel Reorganized School District of Jackson CountJ ve. Holmes, 360 Mo. 904, 231 S. W. 2d 185, the statutes governing six-director districts muat be construe~ in connection with the general school lawa of the State of Missouri. The primar,r recorda and contracts required or school districts within the State of Missouri are set out by the following statutes: Section 165.213, provides tor the organization or the board of di.reotors, the appointment ot the various officers of the board, and that the clerk shall keep a correct proceeding ot all meetings ot the board; Section 165.220. seta out in detail the duties or the clerk of the school district; Section 165.273. provides tor the manner or consoli- dation or school districts and or the notices Which are required thereunder; Section 165. 3201 provides tor the organization of the board and the duties or tbe officers 1n six-director districts and provides that the duties of the secretary -2- Honorable Lo1een 0. Boyd or cle~k shall be the aame duties aa those set forth for other d1at~1cta as enua~rated in Section 165. 220, and other sections concerning eommon school districts; Section 165.237, p,rovidea that the elerk shall keep certain Neord.e which must be turn1ahed to the county clerk and the eolmty- supe~intendent; Section 163.140, provides tor an audit report which muat be made publ~e; Sections 4 32. OTO and 4 32. o8o protide the manner in which a school district a~uet execute contracts and that duplicate copies ot eveey contract which 1-e entered into by a school district mutt be tiled ln the office of the county clerk or in euob office or with such ot1.'1cer ot the eebool c!iatriet or other municipal eorforation ae may be charged with the keeping of the contract. The above ltat 1a not tntende4 to be all inclusive; however;, the above a&etione are the main etatutea concern- ing recorda and oont~acts or school dtstrtets which are required to be maintained.; ancl we tttuat new detel'llline if any of the above l'eeorde an4 contracts are open to 1napec ... tion bJ the general public. In regard to what mQ be terated public recorda j Senate B-111 284, 711St General Asee•bl7, enacted in 1961 aa Sections 109.180 and 109.190, provide as tollowsz "Section 1. Except ae otherw1ee provide-d by law, all state, county ana municipal l'ecor4a kept purauant to atatute or ordinance ehall at all rea~onable t~mes b$ open tor a pe:raonal 1ne-pe etion by- any citi-zen of Miausouri, and those in charge ot the records abal1 not retuee the privilege to any c1t1~•n. Any official who violate;e the prov1.eions of this 1ection shall be subJect to removal or 11lJP•acbloent and in addt t1on shall be deem$d guilty or· a miade•eanor and upon conviction shall be punished by a tine not exceeding one huRdre4 dollars. or by confinement in tbe county jail not exceeding ninety days~ o~ by- both the fine and the continement •. - 3- Honorable Loicen 0 . Boyd "Section 2. In all cases where the public or any person interested baa a right to inspect or take extracts or make copiee from 807 public recorda, inatrumenta or documents, any person has the right of access to the recorda, documents or instrument& for the purpose of making photographs ot them while in the poeeeaaion, custody and control or the lawful custodian thereof or his authorized deputy. The work ehall be done under the supervision ot the lawrul cuatodia:n ot the recorda who may adopt and enforce reasonable rules governing the work. The work shall, where possible, be done in the room where the recorda, documents cr instruments are by law ltept, bu~ if that· ia impossible or impracticable, the work shall be done in another roo• or place as nearly adjacent to the place of custody aa possible to be determined by the custodian of the recorda . While tbe work aut horized herein is in progress, the lawful custodian ot the recorda may charge the person desiring to make the phot ographs a reasonable rate tor his eerv1eea or for the services ot a deputy to supervise the work and tor the uee of the room or place where the work 1a done . " From a reading or this statute it may be seen that if school district recorda and contracts may be said to be either etate, county or municipal recorda kept pursuant to the statute» they are then such recorda as are contemplated by Senate Bill 284, 7lat General Assembly, enacted 1961, and are open to personal inspection at any rea•onable time by citizens of the State ot Missouri. However, before even considering tbe effects of Senate Bill 284, 7lst General Aaaemb~y, it is our op1n1on that the recorda and contracts required to be kept by statute are public recorda and are available tor inspec- tion. The 194 3 case of State ex rel Kavanaugh va. Henderson, 169 S . W. 2d 389, 1n speald.ng ot recorda required to be kept by statute held that When any record waa required to be kept 1 t became a public record and open to 1.napec- t1on. It 1e there stated, l.c. 392t -4- Honorable Loieen o. Boyd 11In all 1nataneea where, b7 law or regulation, a document ia required to be filed in a public office, it 1a a public record and the public has a right to inspect it. 53 Corpua Juris, Section lt Pages 604 and 605; Clement v. Graham, 7tj vt. 290, 63 A. 146. Ann.Cas. 191.3E, 1208; Robison v. Piabback, 175 Ind. 132, 93 N.E. 666, L.R.A. 1917B, 1179, Ann.Oaa. 1913B, 1271J State ex rel. Eggers v. Brown, 345 MO. 430. 134 s.w. 24 ~B." To the aame etteet is the c·aae or Disabled Police Veterans Club vs. Long, 279 s.w. 2d 220, where it is atated, l.e. 223t "{61 Independently of statute the term public recorda covers not only papers expressly required to be kept by a public officer but all written memorials made by a public officer within bis authority where such wr1t1nga constitute a convenient, approp~iate or cuatomar.v method of dis- charging the duties ot the office. Interna- tional Union, etc. v. Gooding, 251 liis. 362, 29 N.W.2d 7301 735; Conover v. Board of Education, etc., 1 Utah 2d 375, 267 P. 24 768, 770; People v. Shaw, 17 Oal. 2d 778, 112 p. 2d 241, 259· 11 [7] Generally, any wri t1ng or document constituting a public record is subJect to inspection by the public. State ex rel. Kavanaugh v. Henderson, supra. Nor is 1 t essential that the inspection of public records be limited to persona who have some legal interest to be aubserved by the inspection. Neither does it detract from the right to inspect public recorda that it 1s done for others tor compensation. State ex rel. Eggers v. Brown, etc., 345 Mo. 430, 134 S.W.2d 28. And the right to inspect carries with it the right to make copies. State ex rel. Conran v. Williams, 96 MO. 13, 19, 8 s.w. 771• u [ 8] This right to inepeet and to cop~ -5- Honorable Lo1oen 0. Botd public records 1s not an unl1$!ted right. It is subject tn euoh reaeonable regula• tiona as may ~ imposed to prev~nt undue 1ntel'terence with the proper functioning of the public ott1c1ale involved. State 1 . -a-- n ex re • Eggers v. Do~.vwn1 supra. . ' In M1asour! as e~lF aa 1888 our Supreme Court in the oaae or Stttte ex rel. Conran va. Williams. 96 Mo. 13., 1 s. W. 771,. be-14 that any record requirec! to be kept was a public record and thereb¥ open to inspection b7 the public. From other jur1ad1ctiona we f1n4 the ca,se of Conover va. Board or Education ot Nebo School D1atr1ct . ~(1954 ), 267 P. 2d 768# which held that the minutes of a ··#school boar4 11l8et1ng were publie reeortle and open to public 1n&pect1on., $tating therein,atter citing authori- ties to the contrary, at l .c. 110c '~ • • • l'lo bel1eve1 however, that the more pertinent cases are tound 1n a long line holding that whenever ft. written reco~d of a traneact1on or a public officer in hie ottice 1e a convenient and appropriate mode of diacoargtng the duties ot hie office, and 1• kept by him aa such, Whether required bf expreea provisions or law Qr not, aucn ~record 18 a public record.• • • " The court then continued~ at l.c. 77lt nThe trutb about oftio1al acta of public aervanta alwaye should be displaJed in the public market place. s.ubj.ect to public appra1eal * • •t• Althoush there are caeea to tbe contrat7• it 18 be- lieved that the above caaea present the sounder view and in lisht of the right ot the general publ1e to know the actions or their public off1c1ala the records and contracts required by statute to be •aintained by a school district are public recor.de and u euch the public baa the right to 1napect theta,. which right includes the pri vtlege to copy them subject to reaa.onable regulations or the off1- c1e.l custodian. Having determined that the recorda and contracte re- Honorable Loicen 0. Bo)Td quired by statute to be kept by school districts, are public recorda and sub3ect to inspection by the public, we must now determine if they are such records and con- tracts as contemplated by Section 109.180 and 109.190, RSMo. cum. Supp. 1961, and in this regard we must deter- m1ne whether theee recorda and contracts may be rightly termed state, county or mundcipal recorda. To do this it is first necessary to determine the statue or school d1atricte, tor th.e answer to their statue will determine whether their recorda come within the purview of the above statute . It 1e etated 1n the cue of State ex 1nr McKittrick va • . fhittle, 333 Mo. 105 1 63 s.w. 2d 100, l.o. 102, citing City ot ~na to use vs. School District, 305 Mo. 452, 276 S.W. 112, l.c. 115a " 'Under the Constitution or 1875, the public schools have been 1ntreneh&d as a part of the state government and it ia thoroughly established that they are an arm ot that gowrnment and perform a public or governmental function and not a special cDrporate or administrative dut y. They are purely public corporations, aa has always been held or counties in th1a state. 1 1' It is evident from this statement and from numeroue other early Missouri caaea that a school district baa tor a long period or time been claaaed as a quas1•publ1c or governmental corporation. It may be termed a civil sub- d1v1a1on of the state which ia rormed for the purpose or aiding 1n the governmental function of the education of our children. While there are many older oases in Missouri Which hold tbat a school district 1s not a "mun1o1pal1ty" or a Hmunicipal corporation 11 1t 1a believed that the more realis• tic and better view is that set forth 1n Laret Investment Compa.tlf vs. Diclalann.c. 345 Mo. 449, 134 s.w. 2d 65, wherein it is stated, l.c. 6~ : "The term ' municipal corporation' ia sometimes used in a atrict sense to designate a corporation possessing some specified power or local government. In a broader sense it include• public, or quasi public, corporations designed -1- Honorable Loicen 0. Boyd . • for the performance ot an essential public service. See Dillon on Municipal Corporations, :Fifth Ed. Sec. 32. "Thia court haa adopted the broader definition. In State ex rel. Caldwell v. Little River Drainage District, 291 Mo. 72t loc. cit. 79, 236 S.W. 15• l oc. cit. lb, we eaidt *In ita strict and primary aeruse the term 0 arunicj.pal cor- porat1on11 applies only to incorporated cities, towns, and villages. having subordinate and local powers ot legis- lation. Heller v. Stremmel, 52 Mo. 309. But in the larger and ordinarily accepted sense the t erm is applied to any public local corporation, exercising some function ot government. and hence includes counties, school districts, townships under towne~p organization. special road districts and drainage districts.• "See also State ex rel. Xinder v. L1 ttle River Drainage Diatr1ot, 291 Jlo. 267, 236 s.w. 848J Orand River Drainage District v. Reid, 341 Mo. 1246, 111 S.W.2d 151; State ex r el Caldwell v. L!ttle River Dra1naga D1str iet, 291 Mo. 72, 236 s.w. 15; Harris v. ~11111am R. Compton Bond Co. • 244 MO. 664; 149 S.W. 603 • "Tr.r ~road def1n1 t1on of a municipal corporation r-equj.rea that 1t be formed tor the purpose of perrorm~ soae governmental ~unction. • • * The 1941 caae of Russell vs. Frank, 348 Mo. 533, 154 s.w. 2d 631 a caae in which the legal1~y ot a school tax was questioned. stated that a school district is a municipal corporation, end in doing so stated as follows, l.c. 671 "Appellants also contend that even though thia tax be not tor building purposes 1 t 1a authorized under tbe general powers ot the legislature to levy taxes tor state purposes non-municipal 1n their nature. -8- Honorable Lo1cen 0. Boyd An elaborate argument~ With the citation of many authorities~ is made to sustain this point. It will be unnecessary to analyze all or the caaea cited because the argument is aquarely opposed to the express language ot the constitutional provieion here in- volved. The aection above cited imposea a special and apecitic limitation on school. taxe.s. The tax in th1e caae was levied not by the state but by the school diatr1ct, which 18 and wae a municipal corporation as we have def'1.ned that term in Laret Invest- ment Co. v. Dickmann~ 345 Mo. 449, 134 s.w. 2d 65. The vecy purpose f'or which such municipal corporation ie created 1a that of the maintenance of a eehool system. • * *" The aame reaaon1ng aa set torth in the Ruaeell and Laret ca.sea, supra, was su.ata1ned in our Supreme Court in St. Louis Houaing Authoritt va. CitJ of' St. Louis, 239 s.w. 2d 289. It 1a there said,. 1. c. 294-295a 11* * • Municipality now has a broader meaning than 'city• or 'town', and preaentl7 includes bodies public or easential~y governmental 1n character and function and dietinguishea public bodies, suoh aa plaintiff, from corpora- tion. only quaa1•publio in nature. 42 C.J. p. 1413J 61 C.J.S., Municipal, page 945; Curry v. Sioux City Diet. Tp., 62 Iowa 102, 17 N.W. 191. But the two terms {municipality and municipal cor• poration) are otten interchangeably used. ~kewiae~ 'municipal corporation•. in the br oader senae now includes public corporati ons created to perform an eaeen- tial public service and 'ia applied to any public local corporation exercising some ~~ction or government'. 'Municipal oorpo7.'a~ion 1 now also includes a corpora- tion created principally ae an instrumen- tality or the state but not tor the pa:rpoae or regulating the i nternal local and special attaira of a compact community. • * •" -9- Honorable Loicen 0 . Boyd Also 1 school districts have been termed by our federal courts as municipal co.I'l)orations; Harrison va. Hartford Pire Insurance Company of Hartford, Connecticut, 55 F'. Supp. 241. The views as ' sot out above concerning the municipal status of Gchool districts is reflected to some extent in te.Ktbooks on 1DU111c1po.l corporations. Dillon on Municipal Corporations, Fi~th Edition, Section 32; the Law of Municipal Corpor.ations by Bugene MCQuillin (1949), Volume 1, Section 207, page 451. Aa •ay be seen from the above caaea, school districts mav be claaaed aa 11mun1cipalltiea" or "municipal corpora- tiona" ( tbe terms being used interchangeablY') • Thie being eo, it would follow that the recorda and contracts required by statute to be kept would be included Within that class of recorda contemplated by Sections lo8.18o and 108.190, RSMo. Cum. Supp. 1961. This 1a al l the more so when we look at the evil and the m1ech1ef intended to be corrected by the enactment ot these two sections. It 1a evident that thia 11ore liberal 1nterpretat1on of the term "mun1c1- pal1ey" or nmunicj,pal corporation" 1a only Just and correct. CONCLUSION Therefore, it is the opinion of this office that& 1. The records and contract a req_uired by statute to be maintained by acbool d1atr1cte are public recorda and are therefore subject to 1napect1on at all reaaonable times. 2. School d1atr1ota within the State of Niaaour1 may be termed "arun1c1palit1ean or "ID'UJUcipal corporat1ona" and therefore the recorda of such acbool districts required by the statutes to be maintained are auch recorda aa con- templated by Sections 108. 18o and 108.190> Cum. Sup. 1961 . The foregoing opimon, which I hereby approve ~ was prepared by my assistant, Robert R. Northcutt. Very truly yours, T.lllJIAS P. EAGU:roN Attorney General