[Ord. No. 4720 §1(2-15(A)), 9-8-1998; Ord. No. 4907 §1, 8-16-2004]
As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
Any meeting, record or vote closed to the public.
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.
All matters which relate in any way to the performance of
the City's functions or the conduct of its business.
Any legislative, administrative or governmental entity created
by the Constitution or Statutes of this State, by orders or ordinances
of the City, judicial entities when operating in an administrative
capacity, or by executive order, including:
The City Council, the Planning and Zoning Commission, the Board
of Adjustment and any other board or commission of the City established
by law;
Any other commission or committee appointed by the Mayor or
City Council, including any advisory committee appointed for the specific
purpose of recommending to the Mayor or City Council 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;
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;
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
Any quasi-public governmental body. The term "quasi-public
governmental body" means any corporation organized or authorized
to do business in this State pursuant to the provisions of Chapters
352, 353 or 355, RSMo., or unincorporated association which either:
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
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.
Any meeting of a public governmental body subject to Article
I of 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 a public governmental
body, by electronic communication or any other means, conducted in
lieu of holding a public meeting with the members of the public governmental
body gathered at one location in order to conduct public business.
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 Subdivision shall be retained by the
public governmental body in the same manner as any other public record.
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. 4720 §1(2-15(B)), 9-8-1998; Ord. No. 4907 §2, 8-16-2004; Ord. No. 5242 §1, 3-18-2014]
A.
All meetings, records, votes, actions and deliberations of public
governmental bodies of the City shall be open to the public in accordance
with Chapter 610, RSMo., except the City may close any meeting, record,
vote, action or deliberation relating to the following:
1.
Legal actions, causes of action or litigation involving the
City and any confidential or privileged communications between the
City or its representatives and its attorneys. However, any minutes,
vote or settlement agreement relating to legal actions, causes of
action or litigation involving the City or any agent or any entity
representing its interests or acting on its behalf or with its authority,
including any insurance company acting on behalf of the City 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 a plaintiff or plaintiffs to the action clearly outweighs the public
policy considerations of Section 610.011, RSMo.; however, the amount
of any moneys paid by, or on behalf of, the City 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 the City where public
knowledge of the transaction might adversely affect the legal consideration
therefor. However, any minutes, vote or public record approving a
contract relating to the leasing, purchase or sale of real estate
by the City shall be made public upon full execution of the lease,
purchase or sale of the real estate.
3.
Hiring, firing, disciplining or promoting of particular employees
by the City when personal information about the employee is discussed
or recorded. However, any vote on a final decision, when taken by
the City, to hire, fire, promote or discipline an employee shall be
made available to the public with a record of how each member voted
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-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.
The State Militia or National Guard or any part thereof.
5.
Non-judicial mental or physical health proceedings involving
identifiable persons, including medical, psychiatric, psychological
or alcoholism or drug dependency diagnosis or treatment.
6.
Scholastic probation, expulsion, or graduation of identifiable
individuals, including records of individual test or examination scores.
7.
Testing and examination materials, before the test or examination
is given, or if it is to be given again, before so given again.
8.
Welfare cases of identifiable individuals.
9.
Preparation, including any discussions or work product, on behalf
of the City or its representatives for negotiations with employee
groups.
10.
Software codes for electronic data processing and documentation
thereof.
11.
Specifications for competitive bidding, until either the specifications
are officially approved by the City or the specifications are published
for bid.
12.
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.
13.
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 the City once
they are employed as such.
14.
Records that are protected from disclosure by law, including
but not limited to tax records made confidential by State or Federal
law, information received from executive agencies pursuant to Section
610.032, RSMo., and social security numbers received from a State
entity pursuant to Section 610.035, RSMo., records of ownership of
a firearm or applications for ownership, licensing, certification,
permitting, or an endorsement that allows a person to own, acquire,
possess, or carry a firearm as provided in Section 571.011, RSMo.,
information regarding any holder of a concealed carry permit, or a
concealed carry endorsement issued prior to August 28, 2013, as provided
in Section 571.037, RSMo.
15.
Meetings and public records relating to scientific and technological
innovations in which the owner has a proprietary interest.
16.
Records relating to municipal hotlines established for the reporting
of abuse and wrongdoing.
17.
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.
[Ord. No. 5309 §1, 11-16-2015]
18.
Operational guidelines, policies and specific response plans
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. Financial records
related to the procurement of or expenditures relating to operational
guidelines, policies or plans purchased with public funds shall be
open. 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 nondisclosure
outweighs the public interest in disclosure of the records.
[Ord. No. 5309 §1, 11-16-2015]
19.
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.
[Ord. No. 5309 §1, 11-16-2015]
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 nonpublic 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;
20.
The portion of a record that identifies security systems or
access codes or authorization codes for security systems of real property.
[Ord. No. 5309 §1, 11-16-2015]
21.
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 the City. 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 moneys paid by, or on behalf of, the City for such computer,
computer system, computer network, or telecommunications network shall
be open.
22.
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 the City and a person or entity doing business with the City.
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 the City 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 the City.
23.
Pursuant to Section 590.1040, RSMo., notes, records or reports
arising out of a peer counseling session as defined in such Statute
are not public records.
[Ord. No. 5396, 12-3-2018]
B.
All records that may be closed hereby are deemed closed records unless
the City Council votes to make them public.
[Ord. No. 4720 §1(2-15(C)), 9-8-1998; Ord. No. 4907 §3, 8-16-2004]
A.
Open Meetings.
1.
All public meetings shall be open to the public and public votes
and public records shall be open to the public for inspection and
duplication.
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 to the meeting reasonably coincides
with the subjects discussed or acted upon by the parent governmental
body.
B.
Notice. Each public 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. Reasonable notice shall include making
available copies of the notice 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 and posting the notice on a bulletin
board at City Hall or other prominent place which is easily accessible
to the public and clearly designated for that purpose at the City
Hall.
The notice shall be given at least twenty-four (24) hours, exclusive
of weekends and holidays when the City Hall is closed, prior to the
commencement of any meeting of any governmental body unless for good
cause such notice is impossible or impractical, in which case as much
notice as is reasonably possible shall be given.
C.
Access. 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. Every reasonable effort shall be made
to grant special access to the meeting to handicapped or disabled
individuals.
D.
Recording. 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 permitted without permission of the public body; any person who violates this provision shall be guilty of an offense and upon conviction shall be punished in Section 100.150 of the Municipal Code.
E.
Minutes. A journal or minutes of open and closed meetings
shall be taken and retained by the public governmental body, including,
but not limited to, a record of any votes taken at such meeting. The
minutes shall include the date, time, place, members present, members
absent and a record of any votes taken.
F.
Votes. All votes shall be recorded, and when a roll call
is taken, as to attribute each "aye" and "nay" vote, or abstinence
if not voting, to the name of the individual member of the public
governmental body. Votes taken during a closed meeting shall be taken
by roll call. All votes taken by roll call in meetings consisting
of members who are all elected and any committee established by the
City shall be cast by members who are physically present and in attendance
at the meeting. When it is necessary to take votes by roll call in
a meeting due to an emergency with a quorum of the members present
and in attendance and less than a quorum of the members participating
via telephone, facsimile, Internet or any other voice or electronic
means, the nature of the emergency 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.
[Ord. No. 4720 §1(2-15(D)), 9-8-1998; Ord. No. 4907 §4, 8-16-2004]
A.
Calling A Closed Meeting Or Vote. Before closing a meeting
to the public, a majority of a quorum of a public 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 pursuant to the provisions of Section 610.021, RSMo., 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.
Any
meeting or vote closed pursuant to Section 610.021, RSMo., shall be
closed only to the extent necessary for the specific reason announced
to justify the closed meeting or vote. Public governmental bodies
shall not discuss any business in a closed meeting, record or vote
which does not directly relate to the specific reason announced to
justify the closed meeting or vote. 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 members of the public to remain
to attend any subsequent open session held by the public governmental
body following the closed session.
D.
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., 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 defense to any claim filed against the objecting
member pursuant to Chapter 610, RSMo.
[Ord. No. 4720 §1(2-15(E)), 9-8-1998; Ord. No. 4907 §§5 — 6, 8-16-2004]
A.
Public Access To Records.
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.
Each request for access to a public record shall be acted upon as
soon as possible, but in no event later than the end of the third
(3rd) business day following the date the request is received by the
custodian of records of the City. If records are requested in a certain
format, the public body shall provide the records in the requested
format, if such format is available. If access to the public record
is not granted immediately, the custodian shall give a detailed explanation
of the cause for further delay and the place and earliest time and
date that the record will be available for inspection. This 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 Section shall only apply to messages sent to two (2) or more
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 to the exceptions of Section 610.021, RSMo.
B.
Copying Fees.
1.
Fees for copying public records, except those records restricted
under Section 32.091, RSMo., shall not exceed ten cents ($0.10) per
page for a paper copy not larger than nine (9) by fourteen (14) inches,
with the 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. The custodian shall receive,
or may require, payment prior to duplicating documents.
2.
Upon request, the public government body shall certify in writing
that the actual cost of record search and duplication is fair, reasonable
and does not exceed the actual cost incurred by the public governmental
body.
3.
The City may furnish documents without charge or at a reduced charge
when the City determines that waiver or reduction of the fee is in
the public interest because it is likely to contribute significantly
to public understanding of the operations or activities of the public
governmental body and is not primarily in the commercial interest
of the requestor.
4.
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.
[Ord. No. 4720 §1(2-15(F)), 9-8-1998; Ord. No. 4907 §7, 8-16-2004; Ord. No. 5309 §2, 11-16-2015; Ord. No. 5332 § 1, 9-19-2016[1]]
A.
ARREST
ARREST REPORT
INACTIVE
1.
2.
3.
INCIDENT REPORT
INVESTIGATIVE REPORT
MOBILE VIDEO RECORDER
MOBILE VIDEO RECORDING
NON-PUBLIC LOCATION
As used in this policy, the following terms shall have these prescribed
meanings:
An actual restraint of the person of the defendant, or by
his or her submission to the custody of the 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.
A record of a Law Enforcement Agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
An investigation in which no further action will be taken
by a Law Enforcement Agency or officer for any of the following reasons:
A decision by the Law Enforcement Agency not to pursue the case;
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;
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.
A record of a Law Enforcement Agency 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.
A record, other than an arrest or incident report, prepared
by personnel of a Law Enforcement Agency, inquiring into a crime or
suspected crime, either in response to an incident report or in response
to evidence developed by Law Enforcement Officers in the course of
their duties.
Any system or device that captures visual signals that is
capable of being installed in a vehicle or being worn or carried by
personnel of a Law Enforcement Agency and that includes, at minimum,
a camera and recording capabilities.
Any data captured by a mobile video recorder, including audio,
video, and any metadata.
A place where a person would have a reasonable expectation
of privacy, including, but not limited to, a dwelling, school or medical
facility.
B.
The Police Department shall maintain records of all incidents reported
to it, and investigations and arrests made by it. All incident reports
and arrest reports shall be open records. Notwithstanding any other
provision of law other than the provisions of Subsections (4), (5)
and (6) of Section 610.100, RSMo., or Section 320.083, RSMo., except
as provided herein mobile video recordings and 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 Section 610.120,
RSMo.
C.
Except as provided in Subsections (3) and (5) of Section 610.100,
RSMo., a mobile video recording that is recorded in a non-public location
shall be a closed record, except that any person who is depicted in
the recording or whose voice is in the recording, or their legal guardian
or parent if such person is a minor, or a family member within the
first degree of consanguinity if such person is deceased or incompetent,
or an attorney or insurer for such person, may obtain a complete,
unaltered, and unedited copy of the recording upon written request,
once any related investigation has become inactive or as otherwise
required by law. Any person who requests and receives such a mobile
video recording shall be subject to the restrictions on display and
disclosure set forth in Subsection (8) of Section 610.100, RSMo.
D.
Except as provided in Subsections (4), (5), (6) and (7) of Section
610.100, RSMo., if any portion of a record or document of a Law Enforcement
Officer or Agency, 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 Chapter 610, RSMo.
E.
Any person, including a legal guardian or parent of such person if
he or she is a minor, family member of such person within the first
degree of consanguinity if such person is deceased or incompetent,
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 Section 610.100, RSMo., or Section 610.150, RSMo.,
for purposes of investigation of any civil claim or defense, as provided
by Section 610.100.4, RSMo., and this policy. Any individual, legal
guardian or parent of such person if he or she is a minor, his or
her family member within the first degree of consanguinity if such
individual is deceased or incompetent, his or 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 the Police Department pursuant to Section
610.100, RSMo. Within thirty (30) days of such request, the Department
shall provide the requested material or file a motion with the Circuit
Court of St. Louis County 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 and thereafter comply with
the final rulings of the courts thereon.
F.
The victim of an offense as provided in Chapter 566, RSMo., may request
that his or her identity be kept confidential until a charge relating
to such incident is filed.
[1]
Editor’s Note: Section 1 also retitled this Section
from “Daily Log or Record Maintained By Police Department of
Crimes, Accidents or Complaints — Public Access To Certain Information”
to “Public Access To Certain Information.”
[Ord. No. 4720 §1(2-15(G)), 9-8-1998; Ord. No. 4794 §1, 9-17-2001]
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.
[Ord. No. 5396, 12-3-2018]
1.
Records required to be closed shall not be destroyed; they shall
be inaccessible to the general public and to all persons other than
the defendant except as provided in Section 610.120, RSMo., and Chapter
43, RSMo. The closed records shall be available to criminal justice
agencies for the administration of criminal justice pursuant to Section
43.500, RSMo., criminal justice employment, screening persons with
access to criminal justice facilities, procedures, and sensitive information;
to law enforcement agencies for issuance or renewal of a license,
permit, certification, or registration of authority from such agency,
including but not limited to watchmen, security personnel, private
investigators, and persons seeking permits to purchase or possess
a firearm; those agencies authorized by Chapter 43, RSMo., and applicable
State law to submit and when submitting fingerprints to the central
repository; the Sentencing Advisory Commission created in Section
558.019, RSMo., for the purpose of studying sentencing practices in
accordance with Chapter 43, RSMo.; to qualified entities for the purpose
of screening providers defined in Chapter 43, RSMo.; the Department
of Revenue for driver license administration; the Division of Workers'
Compensation for the purposes of determining eligibility for crime
victims' compensation pursuant to Sections 595.010 to 595.075,
RSMo., Department of Health and Senior Services for the purpose of
licensing and regulating facilities and regulating in-home services
provider agencies and Federal agencies for purposes of criminal justice
administration, criminal justice employment, child, elderly, or disabled
care, and for such investigative purposes as authorized by law or
presidential executive order.
2.
These records shall be made available only for the purposes
and to the entities listed in this Section. Upon receipt of a request
for criminal history information under its control, the Police Department
may require positive identification, to include fingerprints of the
subject of the record search, prior to releasing closed record information.
Dissemination of closed and open records from the Missouri criminal
records repository shall be in accordance with Section 43.509, RSMo.
All records which are closed records shall be removed from the records
of the courts, administrative agencies, and law enforcement agencies
which are available to the public and shall be kept in separate records
which are to be held confidential and, where possible, pages of the
public record shall be retyped or rewritten omitting those portions
of the record which deal with the defendant's case. If retyping
or rewriting is not feasible because of the permanent nature of the
record books, such record entries shall be blacked out and recopied
in a confidential book.
D.
Police Records. 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.
E.
All records ordered to be expunged pursuant to Section 610.123, RSMo.,
shall be destroyed, except that if destruction of the record is not
feasible because of the permanent nature of the record books, such
record entries shall be blacked out. Entries of a record ordered expunged
pursuant to Section 610.123, RSMo., shall be removed from all electronic
files. All records ordered to be expunged pursuant to Section 610.140,
RSMo., shall be closed in the manner established therein and in Section
610.120, RSMo.
[Ord. No. 5396, 12-3-2018]
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State Law References — As to similar provisions, §§ 610.120, 610.124, RSMo.
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[Ord. No. 4720 §1(2-15(H)), 9-8-1998]
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 City Council, 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 City Council, 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.
[Ord. No. 5243 § 1, 3-18-2014]
A.
Policy Statement. While it is legally permissible
for members of the City's public governmental bodies to attend
meetings and vote via videoconference transmission, a member's
use of videoconference attendance should occur only sparingly. Because
it is good public policy for citizens to have the opportunity to meet
with their elected officials face to face, elected members of a public
governmental body should endeavor to be physically present at all
meetings. The primary purpose of attendance by videoconference connection
should be to accommodate the public governmental body as a whole to
allow meetings to occur when circumstances would otherwise prevent
the physical attendance of a quorum of the body's members. A
secondary purpose of attendance by videoconference should be to ensure
that all members may participate in business of the public governmental
body that is emergency or highly important in nature and arose quickly
so as to make attendance at a regular meeting practically impossible.
Except in emergency situations, all reasonable efforts should be expended
to ensure that a quorum of the members of the public governmental
body be physically present at the normal meeting place of the body.
B.
Videoconference Defined. For purposes of this Section,
"videoconference" or "videoconferencing" shall refer to a means of
communication where at least one (1) member of a public governmental
Body participates in the public meeting via an electronic connection
made up of three (3) components: (1) a live video transmission of
the member of the public governmental body not in physical attendance;
(2) a live audio transmission allowing the member of the public governmental
body not in physical attendance to be heard by those in physical attendance;
and (3) a live audio transmission allowing the member of the public
governmental body not in physical attendance to hear those in physical
attendance at a meeting. If at any time during a meeting one (1) or
more of the elements of a videoconference becomes compromised (e.g.,
if any participants are unable to see, hear, or fully communicate),
then the videoconference participant is deemed absent, and this absence
should be reflected in the minutes.
C.
Frequency Of Use Of Videoconference Attendance. A
member of a public governmental body shall not attend more than two
(2) meetings via videoconference in a rolling twelve-month period.
Attendance via videoconference should only occur sparingly and for
good cause. Such good cause shall be at the discretion of the member
seeking to attend by videoconference, but shall include reasons such
as serious illness or injury of the member or a member of his or her
immediate family, including father or mother, spouse, sibling, child,
or grandchild.
D.
Physical Location. The City shall cause there to
be provided at the physical location communication equipment consisting
of an audio and visual display, and a camera and microphone so that
the member(s) participating via videoconferencing, the members of
the public governmental body in physical attendance, and the public
in physical attendance may actively participate in the meeting in
accordance with rules of meeting decorum. The communication equipment
at the physical location of the meeting should allow for all meeting
attendees to see, hear, and fully communicate with the videoconferencing
participant.
E.
Voting. Elected members of a public governmental
body attending a public meeting of that body via videoconference are
deemed present for purposes of participating in a roll call vote to
the same effect as elected members of a public governmental body in
physical attendance at a public meeting of that governmental body
are deemed present. If any component of the videoconference communication
fails during the meeting, the member attending the meeting by videoconference
whose connection failed shall be deemed absent immediately upon such
failure. If the public governmental body was in the act of voting,
the voting shall stop until all of the components of videoconference
attendance are again restored and the videoconference participant's
presence is again noted in the minutes, or the member is determined
to be absent.
F.
Closed Meetings. In a meeting where a member of
a public governmental body is participating via videoconferencing
and the meeting goes into a closed session, all provisions of Missouri
law and City ordinances relating to closed sessions apply. Upon the
public governmental body's vote to close the meeting, all members
of the general public shall not be present. Likewise, a member of
a public governmental body participating via videoconferencing must
ensure there are no members of the public present at his or her location
to see, hear, or otherwise communicate during the closed session.
The member must also take all reasonable precautions to guard against
interception of communication by others.
G.
Minutes. In any open or in closed session, the minutes
taken should reflect the member, if any, participating via videoconference,
the members in physical attendance, and members, if any, absent.
H.
Emergency Meetings. In the event that emergency
circumstances create impossibility for the members of a public governmental
body to physically attend, the body as a whole may meet and vote by
videoconference. Examples of such emergency circumstances include,
but are not limited to, war, riot, terrorism, widespread fire, or
natural disaster such as earthquake, tornado, hurricane, flood or
blizzard. To the extent reasonably possible in such circumstances,
the public governmental body shall use reasonable efforts to cause
a physical location to be provided for public attendance and participation.
[Ord. No. 5332 § 2, 9-19-2016]
A.
Crime scene photographs and video recordings, including photographs
and video recordings created or produced by a State or local agency
or by a perpetrator or suspect at a crime scene, which depict or describe
a deceased person in a state of dismemberment, decapitation, or similar
mutilation including, without limitation, where the deceased person's
genitalia are exposed, shall be considered closed records and shall
not be subject to disclosure under the provisions of this Chapter
unless otherwise ordered by court or required by law; provided, however,
that this Section shall not prohibit disclosure of such material to
the deceased's next of kin or to an individual who has secured
a written release from the next of kin. It shall be the responsibility
of the next of kin to show proof of the familial relationship. For
purposes of such access, the deceased's next of kin shall be:
B.
The provisions of this Section shall not apply to disclosure of crime
scene material to counsel representing a convicted defendant in a
habeas corpus action, on a motion for new trial, or in a Federal habeas
corpus action under 28 U.S.C. Section 2254 or 2255 for the purpose
of preparing to file or litigating such proceedings. Counsel may disclose
such materials to his or her client and any expert or investigator
assisting counsel in accordance with Section 610.205, RSMo. A request
under this Subsection shall clearly state that such request is being
made for the purpose of preparing to file and litigate proceedings
enumerated in this Subsection.
[Ord. No. 5396, 12-3-2018]
Notwithstanding any other provisions of law to the contrary,
information in law enforcement agency records that would enable the
provision of health care to a person in contact with law enforcement
may be released for the purpose of health care coordination to any
health care provider, as defined in the Health Insurance Portability
and Accountability Act of 1996, as amended, that is providing or may
provide services to the person.
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State Law Reference — Section 610.210, RSMo.
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