[Ord. No. 2260 §1(2-310), 9-28-1998; Ord. No. 2945 §1, 8-24-2004]
As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
COPYING
If requested by a member of the public, copies provided in
accord with the payment of fees authorized by this Chapter, if duplication
equipment is available.
PUBLIC BUSINESS
All matters which relate in any way to the performance of
the City's functions or the conduct of its business.
PUBLIC GOVERNMENTAL BODY
Any legislative, administrative or governmental entity created
by the Constitution or Statutes of this State or by orders or ordinances
of the City, including:
1.
The Board of Aldermen, the Planning and Zoning Commission, the
Board of Adjustment and any other board or commission of the City
established by law;
2.
Any other commission or committee appointed by the Mayor or
Board of Aldermen, including any Advisory Committee appointed for
the specific purpose of recommending to the Mayor or Board of Aldermen
policy, policy revisions or the expenditure of public funds. The City
Clerk shall maintain a list of all City commissions or committees
appointed as provided in this definition;
3.
Any other legislative or administrative governmental deliberative
body under the direction of three (3) or more elected or appointed
members having rule-making or quasi-judicial power;
4.
Any committee appointed by or at the direction of any of the
entities noted herein and which is authorized to report to any of
the above-named entities; and
5.
Any quasi-public governmental body. The term "quasi-public
governmental body" means any person, corporation or partnership
organized or authorized to do business in this State pursuant to the
provisions of Chapters 352, 353, or 355, RSMo., or any unincorporated
association, which either:
a.
Has as its primary purpose to enter into contracts with public
governmental bodies, or to engage primarily in activities carried
out pursuant to an agreement or agreements with public governmental
bodies; or
b.
Performs a public function, as evidenced by a statutorily or
ordinance-based capacity to confer or otherwise advance, through approval,
recommendation or other means, the allocation or issuance of tax credits,
tax abatement, public debt, tax exempt debt, rights of eminent domain,
or the contracting of lease-back agreements on structures whose annualized
payments commit public tax revenues; or any association that directly
accepts the appropriations of money from the City, but only to the
extent that a meeting, record, or vote relates to such appropriation.
PUBLIC MEETING
Any meeting of a public governmental body subject to this
Chapter at which any public business is discussed, decided or public
policy formulated, whether such meeting is conducted in person or
by means of communication equipment including, but not limited to,
conference call, video conference, Internet chat, or Internet message
board. The term "public meeting" shall not include
an informal gathering of members of a public governmental body for
ministerial or social purposes when there is no intent to avoid the
purposes of this Chapter, but the term shall include a public vote
of all or a majority of the members of any public governmental body,
by electronic communication or other means, conducted in lieu of holding
a public meeting with the members of the public governmental body
gathered at one (1) location in order to conduct public business.
PUBLIC RECORD
Any record, whether written or electronically stored, retained
by or of any public governmental body including any report, survey,
memorandum or other document or study prepared for the public governmental
body by a consultant or other professional service paid for in whole
or in part by public funds, including records created or maintained
by private contractors under an agreement with a public governmental
body or on behalf of a public governmental body. The term "public record" shall not include any internal memorandum
or letter received or prepared by or on behalf of a member of a public
governmental body consisting of advice, opinions and recommendations
in connection with the deliberative decision-making process of said
body, unless such records are retained by the public governmental
body or presented at a public meeting. Any document or study prepared
for a public governmental body by a consultant or other professional
service as described in this Chapter shall be retained by the public
governmental body in the same manner as any other public record.
PUBLIC VOTE
Any vote, whether conducted in person, by telephone or by
any other electronic means, cast at any public meeting of any public
governmental body.
[Ord. No. 2260 §1(2-311), 9-28-1998; Ord. No. 2945 §2, 8-24-2004]
A. All meetings,
records and votes are open to the public, except that any meeting,
record or vote relating to one (1) or more of the following matters
shall be closed unless the public governmental body votes to make
them public:
1. Legal
actions, causes of action or litigation involving a public governmental
body and any confidential or privileged communications between a public
governmental body or its representatives and its attorneys. However,
any minutes, vote or settlement agreement relating to legal actions,
causes of action or litigation involving a public governmental body,
or any authorized agent or entity, including any insurance company
acting on behalf of a public governmental body as its insured, shall
be made public upon final disposition of the matter voted upon, or
upon the signing by the parties of the settlement agreement, unless,
prior to final disposition, the settlement agreement is ordered closed
by a court after a written finding that the adverse impact to the
plaintiff(s) to the action clearly outweighs the public policy considerations
of this Chapter, however, the amount of any monies paid by or on behalf
of the public governmental body shall be disclosed; provided however,
in matters involving the exercise of the power of eminent domain,
the vote shall be announced or become public immediately following
the action on the motion to authorize institution of such a legal
action. Legal work product shall be considered a closed record.
2. Leasing,
purchase or sale of real estate by a public governmental body where
public knowledge of the transaction might adversely affect the legal
consideration therefor. However, any minutes or vote or public record
approving a contract relating to the leasing, purchase or sale of
real estate by a public governmental body shall be made public upon
execution of the lease, purchase or sale of the real estate.
3. Hiring,
firing, disciplining or promoting of particular employees by a public
governmental body when personal information about the employee is
discussed or recorded. However, any vote on a final decision, when
taken by a public governmental body, to hire, fire, promote or discipline
an employee of a public governmental body shall be made available,
with a record of how each member voted, to the public within seventy-two
(72) hours of the close of the meeting where such action occurs; provided
however, that any employee so affected shall be entitled to prompt
notice of such decision during the seventy-two (72) hour period before
such decision is made available to the public. As used in this Subsection,
the term "personal information" means information
relating to the performance or merit of individual employees.
4. Non-judicial
mental or physical health proceedings involving an identifiable person,
including medical, psychiatric, psychological, or alcoholism or drug
dependency diagnosis or treatment.
5. Testing
and examination materials, before the test or examination is given
or, if it is to be given again, before so given again.
6. Welfare
cases of identifiable individuals.
7. Preparation,
including any discussions or work product, on behalf of a public governmental
body or its representatives for negotiations with employee groups.
8. Software
codes for electronic data processing and documentation thereof.
9. Specifications
for competitive bidding, until either the specifications are officially
approved by the public governmental body or the specifications are
published for bid.
10. Sealed
bids and related documents, until the bids are opened, and sealed
proposals and related documents, or any documents related to a negotiated
contract until a contract is executed or all proposals are rejected.
11. Individually
identifiable personnel records, performance ratings or records pertaining
to employees or applicants for employment, except that this exemption
shall not apply to the names, positions, salaries and lengths of service
of officers and employees of public agencies once they are employed
as such.
12. Records
which are protected from disclosure by law.
13. Meetings
and public records relating to scientific and technological innovations
in which the owner has a proprietary interest.
14. Records
relating to municipal hotlines established for the reporting of abuse
and wrongdoing.
15. Confidential
or privileged communications between a public governmental body and
its auditor, including all auditor work product; however, all final
audit reports issued by the auditor are to be considered open records
pursuant to this Chapter.
16. Operational
guidelines and policies developed, adopted or maintained by any public
agency responsible for law enforcement, public safety, first response
or public health for use in responding to or preventing any critical
incident which is or appears to be terrorist in nature and which has
the potential to endanger individual or public safety or health. Nothing
in this exception shall be deemed to close information regarding expenditures,
purchases or contracts made by an agency in implementing these guidelines
or policies. When seeking to close information pursuant to this exception,
the agency shall affirmatively state in writing that disclosure would
impair its ability to protect the safety or health of persons and
shall in the same writing state that the public interest in non-disclosure
outweighs the public interest in disclosure of the records. This exception
shall expire and be of no further force or effect on December 31,
2008.
17. Existing
or proposed security systems and structural plans of real property
owned or leased by a public governmental body, and information that
is voluntarily submitted by a non-public entity owning or operating
an infrastructure to any public governmental body for use by that
body to devise plans for protection of that infrastructure, the public
disclosure of which would threaten public safety.
a. Records
related to the procurement of or expenditures relating to security
systems purchased with public funds shall be open;
b. When
seeking to close information pursuant to this exception, the public
governmental body shall affirmatively state in writing that disclosure
would impair the public governmental body's ability to protect the
security or safety of persons or real property and shall in the same
writing state that the public interest in non-disclosure outweighs
the public interest in disclosure of the records;
c. Records
that are voluntarily submitted by a non-public entity shall be reviewed
by the receiving agency within ninety (90) days of submission to determine
if retention of the document is necessary in furtherance of a State
security interest. If retention is not necessary, the documents shall
be returned to the non-public governmental body or destroyed;
d. This
exception shall expire and be of no further force or effect on December
31, 2008.
18. Records
that identify the configuration of components or the operation of
a computer, computer system, computer network or telecommunications
network and would allow unauthorized access to or unlawful disruption
of a computer, computer system, computer network or telecommunications
network of a public governmental body. This exception shall not be
used to limit or deny access to otherwise public records in a file,
document, data file or database containing public records. Records
related to the procurement of or expenditures relating to such computer,
computer system, computer network or telecommunications network, including
the amount of monies paid by, or on behalf of, a public governmental
body for such computer, computer system, computer network or telecommunications
network shall be open.
19. Credit
card numbers, personal identification numbers, digital certificates,
physical and virtual keys, access codes or authorization codes that
are used to protect the security of electronic transactions between
a public governmental body and a person or entity doing business with
a public governmental body. Nothing in this Section shall be deemed
to close the record of a person or entity using a credit card held
in the name of a public governmental body or any record of a transaction
made by a person using a credit card or other method of payment for
which reimbursement is made by a public governmental body.
[Ord. No. 2260 §1(2-312), 9-28-1998; Ord. No. 2945 §3, 8-24-2004]
A. Notice.
1. Each
governmental body shall give notice of the time, date and place of
each meeting and its tentative agenda in a manner reasonably calculated
to advise the public of the matters to be considered, and if the meeting
will be conducted by telephone or other electronic means, the notice
of the meeting shall identify the mode by which the meeting will be
conducted and the designated location where the public may observe
and attend the meeting. If a public body plans to meet by Internet
chat, Internet message board or other computer link, it shall post
a notice of the meeting on its website in addition to its principal
office and shall notify the public how to access that meeting. The
notice shall be posted on the appropriate bulletin board or other
such accessible public place at the City Hall at least twenty-four
(24) hours prior to the meeting, exclusive of weekends and holidays
when the City Hall is closed. If for good cause such notice is impossible
or impractical, as much notice as is reasonably possible shall be
given. Notice shall also be given to any representative of the news
media who requests notice of meetings of a particular public governmental
body concurrent with the notice being made available to the members
of the particular governmental body.
2. If another
provision of law requires a manner of giving specific notice of a
meeting, hearing or intent to take action by a governmental body,
compliance with that provision shall constitute compliance with the
notice requirements of this Chapter.
3. A formally
constituted subunit of a parent governmental body may conduct a meeting
without notice during a lawful meeting of the parent governmental
body, a recess in that meeting, or immediately following that meeting,
if the meeting of the subunit is publicly announced at the parent
meeting and the subject of the meeting reasonably coincides with the
subjects discussed or acted upon by the parent governmental body.
4. A public
body shall allow for the recording by audiotape, videotape or other
electronic means of any open meeting. A public body may establish
guidelines regarding the manner in which such recording is conducted
so as to minimize disruption to the meeting. No audio recording of
any meeting, record or vote closed pursuant to the provisions of Section
610.021, RSMo., shall be allowed without permission of the public
body; any person who violates this provision shall be guilty of an
ordinance violation and punished by imprisonment for a period not
to exceed fifteen (15) days, a fine not to exceed three hundred dollars
($300.00), or by both such fine and imprisonment.
B. Minutes. A journal or minutes of open and closed meetings
shall be taken and retained by the City including, but not limited
to, a record of any vote taken at such meeting. The minutes shall
include the date, time, place, members present, members absent and
a record of votes taken. Votes by members of a public governmental
body at any meeting shall be recorded. When a roll call is taken,
the minutes shall attribute each "yea" and "nay" vote, or abstinence
if not voting, to the name of the individual member of the public
governmental body. Any votes taken during a closed meeting shall be
taken by roll call. All votes taken by roll call in meetings of a
public governmental body consisting of members who are all elected,
except for the Missouri General Assembly and any committee established
by a public governmental body, shall be cast by members of the public
governmental body who are physically present and in attendance at
the meeting. When it is necessary to take votes by roll call in a
meeting of the public governmental body, due to an emergency of the
public body, with a quorum of the members of the public body physically
present and in attendance and less than a quorum of the members of
the public governmental body participating via telephone, facsimile,
Internet, or any other voice or electronic means, the nature of the
emergency of the public body justifying that departure from the normal
requirements shall be stated in the minutes. Where such emergency
exists, the votes taken shall be regarded as if all members were physically
present and in attendance at the meeting.
C. Accessibility. Each meeting shall be held at a place reasonably
accessible to the public and of sufficient size to accommodate the
anticipated attendance by members of the public, and at a time reasonably
convenient to the public, unless for good cause such a place or time
is impossible or impractical. When it is necessary to hold a meeting
on less than twenty-four (24) hours' notice, or at a place that is
not reasonably accessible to the public, or at a time that is not
reasonably convenient to the public, the nature of the good cause
justifying that departure from the normal requirements shall be stated
in the minutes. Every reasonable effort shall be made to grant special
access to the meeting to handicapped or disabled individuals.
[Ord. No. 2260 §1(2-313), 9-28-1998; Ord. No. 2945 §4, 8-24-2004]
A. Calling A Closed Meeting Or Vote. Before closing a meeting
to the public, a majority of a quorum of a governmental body must
vote to do so in a public vote. The vote of each member of the governmental
body on the question of closing the meeting or vote and the reason
for closing the meeting or vote by reference to a specific exception
shall be announced at a public meeting and entered into the minutes.
B. Notice. Each governmental body proposing to hold a closed meeting shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception. The notice shall otherwise be the same as described in Section
130.030(A)(1).
C. Closed Meeting Procedure.
1. No other
business may be discussed in a closed meeting which does not directly
relate to the specific reason announced to close the meeting to the
public.
2. Any
vote taken during a closed meeting shall be taken by roll call.
3. Public
governmental bodies holding a closed meeting shall close only an existing
portion of the meeting facility necessary to house the members of
the public governmental body in the closed session, allowing the public
to remain to attend any subsequent open session held by the public
governmental body following the closed session.
4. In the
event any member of a public governmental body makes a motion to close
a meeting, or a record, or a vote from the public and any other member
believes that such motion, if passed, would cause a meeting, record
or vote to be closed from the public in violation of any provision
in Chapter 610, RSMo., or this Chapter, such latter member shall state
his or her objection to the motion at or before the time the vote
is taken on the motion. The public governmental body shall enter in
the minutes of the public governmental body any objection made pursuant
to this Subsection. Any member making such an objection shall be allowed
to fully participate in any meeting, record or vote that is closed
from the public over the member's objection. In the event the objecting
member also voted in opposition to the motion to close the meeting,
record or vote at issue, the objection and vote of the member as entered
in the minutes shall be an absolute pursuant to Chapter 610, RSMo.
[Ord. No. 2260 §1(2-314), 9-28-1998; Ord. No. 2945 §5, 8-24-2004]
A. City Clerk's Duties.
1. The
City Clerk shall be the custodian of records and will be responsible
for maintenance and control of all records. The Clerk may designate
deputy custodians in operating departments of the City and such other
departments or offices as the Clerk may determine. Deputy custodians
shall conduct matters relating to public records and meetings in accord
with the policies enumerated herein.
2. The
Clerk shall provide public access to all public records for inspection
and copying as soon as possible but no later than the third (3rd)
business day following the date the request is received by the Clerk.
If records are requested in a certain format, the public body shall
provide the records in the requested format, if such format is available.
No person shall remove original public records from the office of
the public governmental body or the Clerk without written permission
of the Clerk. If access to the public record is not granted immediately,
the Clerk shall give a detailed explanation of the causes for further
delay and the place and earliest time and date that the record will
be available for inspection. The period for document production may
exceed three (3) days for reasonable cause.
3. If a
request for access is denied, the Clerk shall provide, upon request,
a written statement of the grounds for such denial. Such statement
shall cite the specific provision of law under which access is denied
and shall be furnished to the requester no later than the end of the
third (3rd) business day following the date that the request for the
statement is received.
4. Any
member of a public governmental body who transmits any message relating
to public business by electronic means shall also concurrently transmit
that message to either the member's public office computer or the
custodian of records in the same format. The provisions of this Subsection
shall only apply to messages sent to other members of that body so
that, when counting the sender, a majority of the body's members are
copied. Any such message received by the custodian or at the member's
office computer shall be a public record subject, however, to the
exceptions for closed records as provided by law.
B. Fees.
1. Upon
request, the Clerk shall furnish copies of public records, and the
public governmental body prescribe reasonable fees for copying which
shall not exceed ten cents ($.10) per page for a paper copy not larger
than nine (9) by fourteen (14) inches, plus an hourly fee for duplicating
time not to exceed the average hourly rate of pay for clerical staff
of the City. Research time required for fulfilling records requests
may be charged at the actual cost of research time. Based on the scope
of the request, the City shall produce the copies using employees
of the City that result in the lowest amount of charges for search,
research and duplication time. Prior to producing copies of the requested
records, the person requesting the records may request the City to
provide an estimate of the cost to the person requesting the records.
2. Fees
for providing access to public records maintained on computer facilities,
recording tapes or disks, videotapes or films, pictures, maps, slides,
graphics, illustrations or similar audio or visual items or devices
and for paper copies larger than nine (9) by fourteen (14) inches
shall include only the cost of copies, staff time, which shall not
exceed the average hourly rate of pay for staff of the City required
for making copies and programming, if necessary, and the cost of the
disk or tape or other medium used for the duplication. Fees for maps,
blueprints or plats that require special expertise to duplicate may
include the actual rate of compensation for the trained personnel
required to duplicate such maps, blueprints or plats. If programming
is required beyond the customary and usual level to comply with a
request for records or information, the fees for compliance may include
the actual costs of such programming. Payment of such fees may be
requested prior to the making of copies. The City Clerk is authorized
and directed to establish a schedule of fees.
[Ord. No. 2260 §1(2-315), 9-28-1998; Ord. No. 2621 §1, 9-25-2001; Ord. No. 2945 §6, 8-24-2004]
A. Definitions. As used in this Section, the following words
and phrases shall mean:
ARREST
An actual restraint of the person of the defendant, or by
his/her submission to the custody of a Police Officer, under authority
of a warrant or otherwise for a criminal violation which results in
the issuance of a summons or the person being booked.
ARREST REPORT
A record of the Police Department of an arrest and of any
detention or confinement incident thereto together with the charge
therefor.
INACTIVE
An investigation in which no further action will be taken
by the Police Department or officer for any of the following reasons:
1.
A decision not to pursue the case;
2.
Expiration of the time to file criminal charges pursuant to
the applicable statute of limitations, or ten (10) years after the
commission of the offense; whichever date earliest occurs;
3.
Finality of the convictions of all persons convicted on the
basis of the information contained in the investigative report, by
exhaustion of or expiration of all rights of appeal of such persons.
INCIDENT REPORT
A record of the Police Department consisting of the date,
time, specific location, name of the victim and immediate facts and
circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints maintained
by that agency.
INVESTIGATIVE REPORT
A record, other than an arrest or incident report, prepared
by Police Department personnel inquiring into a crime or suspected
crime, either in response to an incident report or in response to
evidence developed by Police Officers in the course of their duties.
B. The Police Department shall maintain records of all incidents reported to the department and all investigations and arrests made by the department. All incident reports and arrest reports shall be open records. Except as provided in Subsection
(D) of this Section, and except as provided in Section 320.083, RSMo., the Police Department's investigative reports are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in Subsection
(D)(3) of this Section.
C. Except
as provided in this Section, if any portion of a record or document
of a Police Officer or the Police Department, other than an arrest
report, which would otherwise be open, contains information that is
reasonably likely to pose a clear and present danger to the safety
of any victim, witness, undercover officer, or other person; or jeopardize
a criminal investigation, including records which would disclose the
identity of a source wishing to remain confidential or a suspect not
in custody; or which would disclose techniques, procedures or guidelines
for law enforcement investigations or prosecutions, that portion of
the record shall be closed and shall be redacted from any record made
available pursuant to this Chapter.
D. Disclosure Of Closed Reports.
1. Any
person, attorney for a person, or insurer of a person involved in
any incident or whose property is involved in an incident, may obtain
any records closed pursuant to this Section or for purposes of investigation
of any civil claim or defense, as provided herein. Any such person,
or the attorney or insurer of such a person, upon written request
may obtain a complete unaltered and unedited incident report concerning
the incident, and may obtain access to other records closed by the
Police Department pursuant to this Section. Within thirty (30) days
of such request, the department shall provide the requested material
or file a motion pursuant to Section 610.100.4, RSMo., with the St.
Louis County Circuit Court seeking to prohibit the disclosure of the
requested material.
2. Any
person, attorney for a person, or insurer of a person involved in
any incident or whose property is involved in an incident, may obtain
any records closed pursuant to this Section or Section 610.150, RSMo.,
for purposes of investigation of any civil claim or defense, as provided
by this Subsection. Any individual, his/her attorney or insurer, involved
in an incident or whose property is involved in an incident, upon
written request, may obtain a complete unaltered and unedited incident
report concerning the incident, and may obtain access to other records
closed by a law enforcement agency pursuant to this Section. Within
thirty (30 days of such request, the agency shall provide the requested
material or file a motion pursuant to this Subsection with the Circuit
Court having jurisdiction over the law enforcement agency stating
that the safety of the victim, witness or other individual cannot
be reasonably ensured, or that a criminal investigation is likely
to be jeopardized. If, based on such motion, the court finds for the
law enforcement agency, the court shall either order the record closed
or order such portion of the record that should be closed to be redacted
from any record made available pursuant to this Subsection.
3. Except
as provided by this Section, any information acquired by a law enforcement
agency by way of a complaint or report of a crime made by telephone
contact using the emergency number, "911", shall be inaccessible to
the general public. However, information consisting of the date, time,
specific location and immediate facts and circumstances surrounding
the initial report of the crime or incident shall be considered to
be an incident report and subject to Section 610.100, RSMo. Any closed
records pursuant to this Section shall be available upon request by
law enforcement agencies or the Division of Workers' Compensation
or pursuant to a valid court order authorizing disclosure upon motion
and good cause shown.
E. If the
person arrested is charged but the case is subsequently nolle prossed,
dismissed, or the accused is found not guilty or imposition of sentence
is suspended in the court in which the action is prosecuted, official
records pertaining to the case shall thereafter be closed records
when such case is finally terminated except as provided in Section
610.120, RSMo., and except that the court's judgment or order or the
final action taken by the prosecutor in such matters may be accessed.
If the accused is found not guilty due to mental disease or defect
pursuant to Section 552.030, RSMo., official records pertaining to
the case shall thereafter be closed records upon such findings, except
that the disposition may be accessed only by law enforcement agencies,
child-care agencies, facilities as defined in Section 198.006, RSMo.,
and in-home services provider agencies as defined in Section 660.250,
RSMo., in the manner established by Section 610.120, RSMo.
F. The City
of Town and Country Police Department, if it maintains a daily log
or record that lists suspected crimes, accidents or complaints, shall
make available the following information for inspection and copying
by the public:
1. The
time, substance and location of all complaints or requests for assistance
received by the Police Department;
2. The
time and nature of the Police Department's response to all complaints
or requests for assistance; and
3. If the
incident involves an alleged crime or infraction:
a. The
time, date and location of occurrence;
b. The
name and age of any victim, unless the victim is a victim of a crime
under Chapter 566, RSMo.;
c. The
factual circumstances surrounding the incident; and
d. A
general description of any injuries, property or weapons involved.
[Ord. No. 2260 §1(2-316), 9-28-1998; Ord. No. 2945 §7, 8-24-2004]
A. Medical Records. All information obtained by the City regarding
medical examinations, medical condition or medical history of City
employees or job applicants, if retained by the City, shall be collected
and maintained on separate forms and in separate medical files and
shall be treated as closed and confidential records, except that:
1. Supervisors
and managers may be informed regarding necessary restrictions on the
work duties of employees and necessary accommodations;
2. First
aid and safety personnel may be informed, when appropriate, if the
information reflects the existence of a disability which might require
emergency treatment; or
3. Government
officials investigating compliance with State or Federal law pertaining
to treatment of persons with disabilities may be allowed access to
such records.
B. Segregation Of Exempt Material. If a public record contains
material which is not exempt from disclosure, as well as material
which is exempt from disclosure, the Clerk shall separate the exempt
and non-exempt material and make the non-exempt material available
for examination and copying in accord with the policies provided herein.
When designing a public record the Clerk shall, to the extent practicable,
facilitate a separation of exempt from non-exempt information. If
the separation is readily apparent to a person requesting to inspect
or receive copies of the form, the Clerk shall generally describe
the material exempted unless that description would reveal the contents
of the exempt information and thus defeat the purpose of the exemption.
C. Maintenance Of Closed Records. Records required to be closed
shall not be destroyed, but they shall be inaccessible to the general
public and to all persons other than those authorized by ordinance
or State law, including but not limited to Section 610.120, RSMo.
D. Records
and information that have been closed pursuant to the provisions of
this Chapter, Chapter 610, RSMo., and other relevant State and Federal
laws and regulations are to be treated as confidential by all employees
and elected and appointed officials of the City.
It shall be grounds for disciplinary action for any employee
to:
1. Violate
the confidentiality relating to such records or information;
2. Copy
or remove closed and/or confidential information without the specific
consent of the custodian thereof or in the normal course of performing
such employee's duties for the City;
3. Provide
or discuss closed records or confidential information with any person
other than as a necessary part of performing such employee's duties
for the City; or
4. Divulge,
discuss or disclose information or records addressed in any closed
meeting of a public governmental body, other than as a necessary part
of performing such employee's duties for the City.
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Elected and appointed officials are also expected to maintain
the same strict standards of confidentiality required of employees.
Breach of the confidentiality standards established by this Chapter
and required of employees in this Section may be grounds for removal
from office or other sanctions as may be deemed appropriate by the
body of which such official is a member or by the Board of Aldermen.
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[Ord. No. 2260 §1(2-317), 9-28-1998]
A public governmental body or record custodian in doubt about
the legality of closing a particular meeting, record or vote may,
subject to approval by the Board of Aldermen, bring suit in the Circuit
Court for the County of St. Louis to ascertain the propriety of such
action. In addition, subject to approval by the Board of Aldermen,
the public governmental body or custodian may seek a formal opinion
of the attorney general or an attorney for the City regarding the
propriety of such action. In such events, the proposed closed meeting
or public access to the record or vote shall be deferred for a reasonable
time pending the outcome of the actions so taken.