[Ord. No. 507 §1, 3-15-2005]
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 as detailed in Section 120.110 of this Chapter, if duplication equipment is available.
All matters which relate in any way to 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, orders or ordinances
of the City, judicial entities when operating in an administrative
capacity or by executive order, including:
Any advisory committee or commission appointed by the Mayor
or Board of Alderpersons.
Any department or division of the City.
Any other legislative or administrative governmental deliberative
body under the direction of three (3) or more elected or appointed
members having rulemaking or quasi-judicial power.
Any committee appointed by or at the direction of any of the
entities and which is authorized to report to any of the above-named
entities, any advisory committee appointed by or at the direction
of any of the named entities for the specific purpose of recommending,
directly to the public governmental body's governing board or its
Chief Administrative Officer, policy or policy revisions or expenditures
of public funds.
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 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 appropriation 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 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 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 (1) 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 documents 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. 507 §1, 3-15-2005]
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, as well as other materials designated elsewhere in this Chapter,
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 agent or entity representing its interests
or acting on its behalf or with its authority, 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 a plaintiff
or plaintiffs to the action clearly outweighs the public policy considerations
of Section 610.011, RSMo., 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.
The following information, which has the potential to endanger the
health or safety of an individual or the public if disclosed:
a.
Security measures, global positioning system (GPS) data, investigative
information, or investigative or surveillance techniques of any public
agency responsible for law enforcement or public safety that, if disclosed,
has the potential to endanger the health or safety of an individual
or the public.
b.
Any information or data provided to a tip line for the purpose of
safety or security at an educational institution that, if disclosed,
has the potential to endanger the health or safety of an individual
or the public.
c.
Any information contained in any suspicious activity report provided
to law enforcement that, if disclosed, has the potential to endanger
the health or safety of an individual or the public.
17.
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
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 non-disclosure
outweighs the public interest in disclosure of the records.
18.
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.
19.
The portion of a record that identifies security systems or
access codes or authorization codes for security systems of real property.
20.
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.
21.
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.
22.
Individually identifiable customer usage and billing records
for customers of a municipally owned utility, unless the records are
requested by the customer or authorized for release by the customer,
except that a municipally owned utility shall make available to the
public the customer's name, billing address, location of service,
and dates of service provided for any commercial service account.
[Ord. No. 507 §1, 3-15-2005]
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 or 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 exception of Section 610.021, RSMo.
[Ord. No. 507 §1, 3-15-2005]
A.
All
public governmental bodies 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 or other
prominent place which is easily accessible to the public and clearly
designated for that purpose at the principal office of the body holding
the meeting, or if no such office exists, at the building in which
the meeting is to be held.
B.
Notice conforming with all of the requirements of Subsection (A) of this Section shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when City Hall is closed, prior to the commencement of any meeting of a 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.
The City shall allow for the recording by audiotape, videotape or other electronic means of any open meeting. The City 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 120.020 shall be permitted without permission of the City; any person who violates this provision shall be guilty of an ordinance violation.
D.
Each governmental body proposing to hold a closed meeting or vote shall give notice of the time, date and place of such closed meeting or vote and the reason for holding it by reference to a specific exception allowed pursuant to Section 120.020 hereof. The notice shall be the same as described in Subsection (A) herein.
E.
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.
For any public meeting where a vote of the Board of Alderpersons
is required to implement a tax increase, or with respect to a retail
development project when the Board of Alderpersons votes to utilize
the power of eminent domain, create a transportation development district
or a community improvement district, or approve a redevelopment plan
that pledges public funds as financing for the project or plan, the
Board of Alderpersons, or any entity created by the City, shall give
notice conforming with all the requirements of Subsection (1) of Section
610.020, RSMo., at least four (4) days before such entity may vote
on such issues, exclusive of weekends and holidays when the facility
is closed; provided that this Section shall not apply to any votes
or discussion related to proposed ordinances which require a minimum
of two (2) separate readings on different days for their passage.
The provisions of Subsection (4) of Section 610.020, RSMo., shall
not apply to any matters that are subject to the provisions of this
Section. No vote shall occur until after a public meeting on the matter
at which parties in interest and citizens shall have an opportunity
to be heard. If the notice required under this Section is not properly
given, no vote on such issues shall be held until proper notice has
been provided under this Section. Any legal action challenging the
notice requirements provided herein shall be filed within thirty (30)
days of the subject meeting, or such meeting shall be deemed to have
been properly noticed and held. For the purpose of this Section, a
tax increase shall not include the setting of the annual tax rates
provided for under Sections 67.110 and 137.055, RSMo.
[Ord. No. 507 §1, 3-15-2005]
A.
Except as set forth in Subsection (C) of Section 120.040, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the governmental body on the question of closing a public meeting or vote and the specific reason for closing that public meeting or vote by reference to a specific Section of this Chapter shall be announced publicly at an open meeting of the governmental body and entered into the minutes.
B.
Any meeting or vote closed pursuant to Section 120.020 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.
[Ord. No. 507 §1, 3-15-2005]
A.
Except as provided in Section 120.020, rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to 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 public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected, shall be cast by members of the public governmental body who are physically present and in attendance at the meeting or who are participating via video-conferencing. 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.
B.
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 vote taken at such meeting. The minutes shall include the date,
time, place, members present, members absent, and a record of votes
taken. When a roll call vote 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.
[Ord. No. 507 §1, 3-15-2005]
A.
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.
B.
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.
[Ord. No. 507 §1, 3-15-2005]
If a public record contains material which is not exempt from
disclosure, as well as material which is exempt from disclosure, the
custodian 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 custodian 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 custodian 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.
[Ord. No. 507 §1, 3-15-2005]
A.
The
City Clerk shall be the custodian of records and will be responsible
for maintenance and control of all records. The custodian may designate
deputy custodians in operating departments of the City and such other
departments or offices as the custodian may determine. Deputy custodians
shall conduct matters relating to public records and meetings in accord
with the policies enumerated herein.
B.
Each
public governmental body shall make available for inspection and copying
by the public of that body's public records. No person shall remove
original public records from the office of a public governmental body
or its custodian without written permission of the designated custodian.
No public governmental body shall, after August 28, 1998, grant to
any person or entity, whether by contract, license or otherwise, the
exclusive right to access and disseminate any public record unless
the granting of such right is necessary to facilitate coordination
with, or uniformity among, industry regulators having similar authority.
C.
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 a public governmental body. 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.
D.
If
a request for access is denied, the custodian 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.
[Ord. No. 507 §1, 3-15-2005]
A.
The remedies provided by this Section against public governmental bodies shall be in addition to those provided by any other provision of law. Any aggrieved person, taxpayer to, or citizen of, this State, may seek judicial enforcement of the requirements of Sections 610.010 to 610.026, RSMo. Suits to enforce Sections 610.010 to 610.026, RSMo., shall be brought in the Circuit Court for the County in which the public governmental body has its principal place of business. Upon service of a summons, petition, complaint, counterclaim or cross-claim in a civil action brought to enforce the provisions of Sections 610.010 to 610.027, RSMo., the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption pursuant to Section 610.021, RSMo., or the assertion that the requested record is not a public record until the court directs otherwise.
B.
Once a party seeking judicial enforcement of Sections 610.010 to 610.026, RSMo., demonstrates to the court that the body in question is subject to the requirements of Sections 610.010 to 610.026, RSMo., and has held a closed meeting, record or vote, the burden of persuasion shall be on the body and its members to demonstrate compliance with the requirements of Sections 610.010 to 610.026, RSMo.
C.
Upon a finding by a preponderance of the evidence that a public governmental body or a member of a public governmental body has knowingly violated Sections 610.010 to 610.026, RSMo., the public governmental body or the member shall be subject to a civil penalty in an amount up to one thousand dollars ($1,000.00). If the court finds that there is a knowing violation of Sections 610.010 to 610.026, RSMo., the court may order the payment by such body or member of all costs and reasonable attorney fees to any party successfully establishing a violation. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the public governmental body or member of a public governmental body has violated Sections 610.010 to 610.026, RSMo., previously.
D.
Upon a finding by a preponderance of the evidence that a public governmental body or a member of a public governmental body has purposely violated Sections 610.010 to 610.026, RSMo., the public governmental body or the member shall be subject to a civil penalty in an amount up to five thousand dollars ($5,000.00). If the court finds that there was a purposeful violation of Sections 610.010 to 610.026, RSMo., then the court shall order the payment by such body or member of all costs and reasonable attorney fees to any party successfully establishing such a violation. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the public governmental body or member of a public governmental body has violated Sections 610.010 to 610.026, RSMo., previously.
E.
Upon a finding by a preponderance of the evidence that a public governmental body has violated any provision of Sections 610.010 to 610.026, RSMo., a court shall void any action taken in violation of Sections 610.010 to 610.026, RSMo., if the court finds under the facts of the particular case that the public interest in the enforcement of the policy of Sections 610.010 to 610.026, RSMo., outweighs the public interest in sustaining the validity of the action taken in the closed meeting, record or vote. Suit for enforcement shall be brought within one (1) year from which the violation is ascertainable and in no event shall it be brought later than two (2) years after the violation. This Subsection shall not apply to an action taken regarding the issuance of bonds or other evidence of indebtedness of a public governmental body if a public hearing, election or public sale has been held regarding the bonds or evidence of indebtedness.
F.
A public
governmental body which is in doubt about the legality of closing
a particular meeting, record or vote may bring suit at the expense
of that public governmental body in the Circuit Court of the County
of the public governmental body's principal place of business to ascertain
the propriety of any such action, or seek a formal opinion of the
attorney general or an attorney for the governmental body.
[Ord. No. 507 §1, 3-15-2005]
The fees for copying certain documents can be found at Section 130.120 of this Code. Said fees for copying public records shall not exceed the actual cost of document search and duplication. Upon request, the public governmental body shall certify in writing that the actual cost of document search and duplication is fair, reasonable and does not exceed the actual cost incurred by the public governmental body. The custodian may require payment prior to duplicating any documents.
