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City of Olivette, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2489 §1, Exhibit A, 2-12-2013[1]]
As used in this Chapter, unless the context otherwise indicates, the following terms mean:
ARREST
An actual restraint of the person of the defendant, or by his/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.
ARREST REPORT
A record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor.
CITY
The City of Olivette, including its City Council and its public governmental bodies.
CLOSED MEETING, CLOSED RECORD or CLOSED VOTE
Any meeting, record or vote closed to the public.
COPYING
If requested by a member of the public, copies provided as detailed in Section 140.110 of this Chapter.
INACTIVE
An investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons:
1. 
A decision by the law enforcement agency 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 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.
INVESTIGATIVE REPORT
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.
PUBLIC BUSINESS
All matters that relate in any way to performance of the City's functions or the conduct of its business.
PUBLIC GOVERNMENTAL BODY
Any municipal legislative, administrative, or governmental entity of the City created by the Missouri Constitution or Statutes, or the orders or ordinances of the City, and municipal judicial entities, when operating in an administrative capacity and when subject to this Chapter, including:
1. 
Any advisory committee or commission appointed by the City Council;
2. 
Any department or division of the City;
3. 
Any other public governmental body under the direction of three (3) or more elected or appointed officials having rule-making or quasi-judicial power;
4. 
Any committee appointed by or at the direction of any City public governmental body and which is authorized to report to the City Manager or any City public governmental body, and any advisory committee appointed by or at the direction of such a body for the specific purpose of recommending to the City Manager or the City Council on matters of policy, policy revisions, or expenditures of public funds; and
5. 
Any quasi-public governmental body.
PUBLIC MEETING
Any meeting of any City public governmental body 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 location to conduct public business.
PUBLIC RECORD
Any record, whether written or electronically stored, retained by or of any of the City's public governmental bodies, including any report, survey, memorandum, or other document or study prepared 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 or on behalf of a public governmental body.
1. 
The term "public record" shall not include any personal notes, recordings, internal memoranda, or correspondence received or prepared by or on behalf of a member of a City public governmental body consisting of advice, opinions, recommendations, thoughts, or preparations made in connection with or for the purpose of the member's participation in or engagement with the deliberative process of said body, unless such records are retained by the public governmental body or presented at a public meeting.
2. 
Any documents or study prepared for the City by a consultant or other professional service as described in this definition shall be retained by the City in the same manner as any other public record.
3. 
Any member of a public governmental body who transmits any message relating to public business by electronic means to another member of that same body, such that when counting the sender, a majority of the body's members are privy to the communication, shall also concurrently transmit that message to the custodian of records in the same format. Any such message shall be a public record, subject to the exceptions permitted by this Chapter or other requirements of law.
PUBLIC VOTE
Any vote, whether conducted in person, by telephone, or by any other electronic means, cast at any public meeting by any City public governmental body.
1. 
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., and any unincorporated association, that either:
a. 
Has as its primary purpose contracting with the City or engaging in activities carried out pursuant to contracts with the City; or
b. 
Performs a public function, as evidenced by statute or ordinance, 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
2. 
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.
VIDEOCONFERENCING
A means by which the City Council may hold a public meeting, provided that a quorum of the Council is physically present at the meeting place and all Council members participating in the videoconferenced meeting, and all members of the public in attendance at the meeting place, are able to see, hear, and communicate with each other through personal interaction and live video and audio streaming.
[Ord. No. 2642, 9-25-2018]
[1]
Editor’s Note: Section 1 of this ordinance also repealed former Ch. 140, Open Meetings, as adopted and amended by R.O. 2008 §§20.080–20.098; Ord. No. 2302, 1-10-2006; Ord. No. 2465 §1, 10-11-2011.
[Ord. No. 2489 §1, Exhibit A, 2-12-2013; Ord. No. 2642, 9-25-2018]
It is the policy of this City that all meetings, including videoconferenced meetings, and all records, votes, actions, and deliberations of the City Council and its public governmental bodies shall be open to the public unless otherwise provided by Missouri Statute or this Chapter. This Chapter shall be liberally construed, and its exceptions strictly construed, to promote this policy.
[Ord. No. 2489 §1, Exhibit A, 2-12-2013; Ord. No. 2642, 9-25-2018]
A. 
Each public 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. 
The City 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. The notice shall be posted at least twenty-four (24) hours, exclusive of weekends and holidays when City Hall is closed, prior to the commencement of a public meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. The notice shall be posted on a bulletin board at City Hall so that the notice is easily accessible to the public. Additional notices may be posted on the City's website and such prominent places as may be feasible or appropriate. The City shall also make a copy of notices available to any representative of the news media on request, at the same time as the notice is made available to the members of the body and posted as provided herein.
C. 
If a public meeting will be conducted using videoconferencing, telephone, internet, or other electronic means, the notice of the meeting: (i) shall be posted on the City's website, (ii) shall identify the mode by which the meeting will be conducted, and (iii) shall designate a location where the public may observe and attend the meeting (if other than the Olivette City Hall) or shall provide such other information as may be necessary to ensure public access to that meeting.
D. 
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.
E. 
The City shall provide for and permit the recording of any open meeting by audiotape, videotape, or other electronic means. The City may establish guidelines regarding the manner in which recording by a private person is conducted, so as to minimize disruption to the meeting.
F. 
A formally constituted subunit of a public 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, provided that 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.
G. 
For any public meeting when a vote is required to:
1. 
Implement a tax increase;
2. 
Authorize the power of eminent domain in conjunction with a retail development project;
3. 
Create a transportation development district or a community improvement district; or
4. 
Approve a redevelopment plan that pledges public funds as financing for the project or plan:
a. 
The City shall give notice conforming with all the requirements of this Chapter at least four (4) days, exclusive of weekends and holidays when City Hall is closed, before such vote may be taken, but this requirement shall not apply to any votes related to proposed ordinances that require a minimum of two (2) separate readings on different days for their passage.
b. 
In the absence of a requirement of two (2) separate readings, no vote shall occur on any of the noted matters until the four-day notice has been provided and all interested parties and citizens shall have had an opportunity to be heard on the matter at a public meeting.
c. 
Subsection (D) of this Section (permitting emergency meetings on less than twenty-four (24) hours' notice) shall not apply to any matters that are subject to the provisions of this Subsection (G).
d. 
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.
e. 
For the purpose of this Subsection (G), a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055, RSMo.
H. 
Meetings Using Videoconferencing.
1. 
It is the policy of the City that members of the City Council should be physically present for Council meetings to best serve their constituents, but when a member is unable to be physically present, for what otherwise would be an excused absence, the member may attend and participate by videoconference. A member desiring to do so shall notify the City Manager and Mayor, in writing, as early as possible prior to the meeting.
2. 
Members of the public may participate in a public meeting that is using videoconferencing to the same extent as a meeting that is not using videoconferencing.
3. 
If at any time during a videoconferenced meeting the videoconferencing feed, whether audio, video, or both, is disrupted so that participants are unable to see, hear, or fully communicate with the videoconferencing participant, the participant shall be deemed absent from the meeting for the duration of the disruption. The meeting may continue with the quorum of the Council physically present, and the absence of the videoconference participant, or the duration of the absence should the disruption be resolved, shall be reflected in the minutes.
4. 
A City Council Member attending a meeting via video conference may vote on all matters to the same extent as members who are physically present.
5. 
The City Council may use videoconferencing to hold a closed meeting as permitted by Missouri Statute or this Chapter. A City Council Member participating in a closed City Council meeting by videoconferencing shall ensure that there are no other persons present at their location to see, hear, or communicate with during the closed session, unless such other person has been authorized to participate by a majority of the City Council. All reasonable precautions must be taken to guard against interception of communication by others.
6. 
The minutes of any meeting using videoconferencing shall identify the member participating via video conference.
7. 
Videoconferencing Should Be Used Sparingly. The Council may limit or terminate the privilege of videoconferencing for any Council Member found to have abused the privilege.
8. 
No person shall preside over any meeting at which he or she is participating via videoconferencing.
[Ord. No. 2489 §1, Exhibit A, 2-12-2013; Ord. No. 2642, 9-25-2018]
A. 
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. Any votes taken during a closed meeting shall be taken by roll call and not open to the public unless otherwise provided herein.
B. 
All votes taken by roll call in meetings of the City Council shall be cast by members who are either physically present and in attendance at the meeting or by members who are participating in the meeting through videoconferencing. Members participating in a meeting via telephone, facsimile, Internet, or any voice or electronic means other than videoconferencing may vote only when necessary due to an emergency of the City Council, but the nature of the emergency justifying such vote shall be stated in the minutes.
C. 
The City shall take and retain minutes of all meetings, both public and closed. The minutes shall include the date, time, place, members present, members absent, and a record of the 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 holding the meeting.
[Ord. No. 2489 §1, Exhibit A, 2-12-2013]
A. 
The City may hold a closed meeting or vote by either:
1. 
Giving notice of same pursuant to the provisions of this Chapter, specifying the exception(s) permitting such closure under Section 140.060; or
2. 
On motion duly made and adopted at a public meeting, in which case the vote of each member of the body on the question of closing the meeting or vote, and the specific exception for permitting such closure, shall be announced publicly and entered into the minutes.
B. 
Any meeting or vote so closed shall be closed only to the extent necessary for the specific reason(s) announced to justify the closed meeting or vote, and any discussion that does not directly relate to the specific reason announced to justify the closed meeting or vote is prohibited.
C. 
The closure of any meeting shall result in the closure only of 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 body following the closed session.
D. 
If a member of a public governmental body moves to close a meeting, record, or a vote and another member believes that such motion, if passed, would result in the violation of any provision of this Chapter or of Chapter 610 of the Revised Statutes of Missouri, such member shall state his or her objection at or before the vote is taken. Any such objection shall be entered in the minutes of the meeting, and the objecting member shall be allowed to fully participate in any meeting, record, or vote that is closed over the member's objection. If the objecting member also voted in opposition to the motion to close, 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.
E. 
No audio recording of any meeting, record, or vote closed pursuant to this Chapter shall be permitted without permission of the public body.
[Ord. No. 2489 §1, 2-12-2013]
A. 
Except to the extent disclosure is required by law, meetings, records, and votes 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 City Council authorizes them to be made public:
1. 
Legal actions, causes of action, or litigation involving the City, and any confidential or privileged communications between the City 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 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 this Chapter. However, the amount of any monies paid by or on behalf of the City in any settlement shall be disclosed, and, in matters involving the exercise of the power of eminent domain, the vote to authorize such a legal action shall be announced or become public immediately following the City's action on the motion. Legal work product shall also be 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 or 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 execution of the lease, purchase or sale of the real estate.
3. 
Hiring, firing, disciplining, or promoting of particular employees by the City, when information relating to the performance or merit of the employee is discussed or recorded, including all files, records, reports, and documents relating to the investigation of allegations of misconduct or criminal activity by City employees. However, any vote on a final decision 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 at which such action occurs. Any employee so affected shall be entitled to prompt notice of the decision, within the seventy-two-hour period before the decision is publicly available.
4. 
Nonjudicial mental or physical health records or proceedings involving an identifiable person, including records or information pertaining to medical, psychiatric, or psychological examinations, conditions, or treatment or alcoholism or drug dependency diagnosis or treatment. If retained by the City, such records shall be maintained on separate forms and in separate medical personnel files and shall be closed and confidential records, except that:
a. 
Supervisors and managers may be informed regarding necessary restrictions on the work duties of employees and necessary accommodations;
b. 
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
c. 
Government officials investigating compliance with State or Federal law pertaining to treatment of persons with disabilities may be allowed access to such records.
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 the City 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 approved by the City 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, past or present, or applicants for employment, except the names, positions, salaries, and lengths of service of officers and employees of the City, past or present, shall be public. Closed information under this Subsection (K) may be released at the written and verified request of the employee or in response to a subpoena lawfully issued by a court of competent jurisdiction.
12. 
Records that are prohibited or 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 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.
[Ord. No. 2528 §1, 9-23-2014]
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 the City 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. 
[1]Operational guidelines, policies and specific response plans developed, adopted, or maintained by the City 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. The City states that the disclosure of such information would impair the City's ability to protect the security or safety of persons or real property, and the public interest in non-disclosure outweighs the public interest in disclosure of such records. Financial records related to the procurement of or expenditures relating to operational guidelines, policies or plans purchased with public funds shall be open.
[Ord. No. 2528 §1, 9-23-2014]
[1]
Editor's Note: Former Subsections (A)(16) through (18) were renumbered as Subsections (A)(19) through (21), respectively to accommodate the addition of Subsections (A)(16), (17) and (18).
17. 
Existing or proposed security systems and structural plans of real property owned or leased by the City, and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to the City for use to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety:
[Ord. No. 2528 §1, 9-23-2014]
a. 
Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open.
b. 
The City states that disclosure of such closed records would impair its ability to protect the security or safety of persons or real property, and states 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 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.
18. 
The portion of a record that identifies security systems or access codes or authorization codes for security systems of real property.
[Ord. No. 2528 §1, 9-23-2014]
19. 
Records that identify the configuration of components or the operation of a City computer, computer system, computer network, or telecommunications network that might allow unauthorized access to or the unlawful disruption of same. This exception shall not apply to public records retained in a file, document, data file, or database. Records, including the amount of monies paid by or on behalf of the City, related to the procurement of or expenditures relating to a City computer, computer system, computer network, or telecommunications network shall be open.
20. 
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, except that the record of a person or entity using a credit card held in the name of the City or a transaction made by a person using a credit card or other method of payment for which reimbursement is made by the City shall be open.
21. 
The Social Security number of a living person, unless disclosure is permitted or required by Federal law, Federal regulation, or State law; is authorized by the holder of that Social Security number; or is for use in connection with any civil, criminal, administrative or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, an investigation in anticipation of litigation, the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. Notwithstanding any other provision of law to the contrary, the disclosure of Social Security numbers of deceased persons shall be lawful, provided that the City knows of no reason why such disclosure would prove detrimental to the deceased individual's estate or harmful to the deceased individual's living relatives.
[Ord. No. 2489 §1, 2-12-2013]
A. 
The City Clerk shall be the custodian of records and will be responsible for maintenance and control of all records. The City Clerk may designate deputy custodians in any City department. Deputy custodians shall conduct matters relating to public records and meetings in accord with this Chapter.
B. 
Except as otherwise provided by law, the City shall provide access to and, upon request, furnish copies of the City's public records. No person shall remove original public records from City Hall or from the office of the custodian without written permission of the custodian. The City shall not 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. 
A request for access to public records shall be sufficiently particular to reasonably apprise the custodian of the records sought. The custodian may require persons seeking access to public records to submit the request in writing or on a form designated by the custodian for such purpose. If records are requested in a certain format, the custodian shall provide the records in the requested format, if such format is available.
D. 
If a public record contains closed information, the custodian shall either separate the material and make only the nonexempt material available for examination and copying or shall redact closed information from the copy of any public record. The custodian shall generally describe to the requester the information separated or redacted unless that description would reveal the contents of the closed information.
E. 
Each request for access to a public record shall be acted upon as soon as possible, and no later than the end of the third business day following the date the request is received by the custodian.
1. 
This period for record access may exceed three (3) business days for reasonable cause, including, but not limited to:
a. 
A request that is not sufficiently particular to identify the records requested;
b. 
A request that seeks the disclosure of records that may be closed, or contain closed information, under this Chapter or other law;
c. 
A request seeking numerous or voluminous records;
d. 
When the responsive record or custodian is not immediately available; or
e. 
When a fee deposit is required and has not been paid.
2. 
If access cannot be granted within three (3) business days following the request, the custodian shall provide a detailed written explanation of the cause for delay, which shall include the earliest date and time at which the record would be available. If the cause for delay is such that the custodian cannot with certainty state the date and time for the availability of the record, the custodian shall so state, providing a projected date and time for making the record available.
F. 
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.
G. 
The Council may adopt additional rules consistent with this Chapter and Chapter 621 RSMo., for the maintenance and disclosure of records.
[Ord. No. 2489 §1, 2-12-2013]
A. 
The Chief of Police, or the Chiefs designee, shall be the custodian of Police Department records as provided herein.
B. 
The City's Police Department shall maintain records of all incidents reported to, and investigations and arrests made by, the police. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection (D) of this Section or Section 320.083 RSMo., 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 140.100.
C. 
Except as otherwise provided in this Chapter, if any portion of a record of 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 that would disclose the identity of a source wishing to remain confidential or a suspect not in custody or that would disclose techniques, procedures, or guidelines for police 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. 
Any person involved in any incident or whose property is involved in an incident; a family member within the first degree of consanguinity of such person, if the person is deceased or incompetent; an attorney for such person; or an insurer of such person, may obtain any records closed pursuant to this Chapter by filing a written request with the custodian. Within thirty (30) days of such request, the custodian shall either provide complete, unaltered, and unedited copies of the requested material or file a motion with the Circuit Court of St. Louis County stating that the safety of a victim, witness, or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized, if the material is disclosed. If the court finds for the custodian, 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.
E. 
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.
[Ord. No. 2489 §1, 2-12-2013]
A. 
Except as otherwise provided in this Chapter, any information acquired by way of a complaint or report of a crime made by telephone contact using the emergency number "911" shall be closed, except that:
1. 
Information consisting of the date, time, specific location, and immediate facts and circumstances surrounding the initial report of the complaint or crime shall be considered open; and
2. 
Such closed records shall be made available in response to a request by other law enforcement agencies or the Division of Workers' Compensation, or pursuant to a valid court order authorizing disclosure.
B. 
If a person is arrested and charged but not found guilty by a final judgment of the court as provided herein, then:
1. 
If the case is nolle prossed or dismissed, or the accused is found not guilty, or imposition of sentence is suspended, all case records shall thereafter be closed at such time as the case is finally terminated, except as maybe otherwise provided by law and except that the court's judgment or order, or the final action taken by the prosecutor, may be accessed; and
2. 
If the accused is found not guilty due to mental disease or defect, all case records shall thereafter be closed upon the making of such findings, except that the disposition may be accessed by law enforcement agencies, child care agencies, elder care facilities as defined in Section 198.006, RSMo., and in-home service provider agencies as defined in Section 660.250, RSMo., in the manner established by Section 140.100.
C. 
Notwithstanding anything herein to the contrary, if the person arrested is charged with a sexual offense under local or State law and the imposition of sentence is suspended, the official records pertaining to the case shall, upon request, be made available to the victim, or to the victim's parents or guardian if the victim is a minor or incompetent.
D. 
Notwithstanding anything herein to the contrary, if the Police Department maintains a daily log or record that lists suspected crimes, accidents or complaints, the custodian shall make available the following information for inspection and copying:
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 offense 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 sexual offense under Chapter 566, RSMo.;
c. 
The factual circumstances surrounding the incident; and
d. 
A general description of any injuries, property or weapons involved.
E. 
On receipt of a valid court order expunging the criminal records of any person as provided by law, said criminal records shall be expunged and not retained or disclosed, except to the extent permitted by law.
[Ord. No. 2489 §1, 2-12-2013]
A. 
Records required to be closed shall not be destroyed. They shall be removed from those records of the Police Department and Municipal Court that are available to the public and shall be kept in separate confidential files. When possible, pages of any public record shall be retyped or rewritten, omitting those portions of the public record that reflect closed information. If retyping or rewriting is not feasible because of the permanent nature of the public record, closed record entries shall be blacked out and recopied in a confidential book.
B. 
Closed records shall be inaccessible to the public but shall be available to:
1. 
The defendant, except as otherwise provided in this Chapter or in Section 43.507 RSMo., pertaining to the permissible disclosure of criminal history information;
2. 
Criminal justice agencies, including the Sentencing Advisory Commission created in Section 558.019 RSMo., for all criminal justice administration and enforcement purposes permitted by law;
3. 
Criminal justice agencies and other qualified screening entities and agencies identified, and for employment and other purposes noted in, Sections 43.500, 43.507, 43.540, 43.543 and Section 610.120 of the Revised Statutes of Missouri;
4. 
Law enforcement agencies, for issuance or renewal of a license, permit (including the purchase or possession of a firearm), certification, or registration of authority for employment as a watchman, security guard or private investigator;
5. 
All State departments, to the extent allowed by law and for the purposes of department operations, including the Department of Revenue, for driver license administration, the Division of Workers' Compensation, for determining eligibility for crime victims' compensation pursuant to Sections 595.010 to 595.075, RSMo., and the Department of Health and Senior Services, for licensing and regulating facilities and regulating in-home services provider agencies; and
6. 
Federal agencies, for criminal justice administration, criminal justice employment, child, elderly, or disabled care, and for authorized investigative purposes.
[Ord. No. 2489 §1, 2-12-2013]
A. 
Any custodian shall charge ten cents ($0.10) per page for a paper copy not larger than nine (9) by fourteen (14) inches, plus an hourly fee for duplicating time. Prior to having the records produced, the person requesting the records may ask the custodian to estimate the cost of production. The custodian shall receive or may require payment prior to duplicating and/or searching for documents.
B. 
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 consisting of paper copies larger than nine (9) by fourteen (14) inches, shall be the actual cost of copies, staff time for making copies and programming, if necessary, and 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 or the actual cost of third-party charges, if necessary, plus any related staff time. 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.
C. 
Fees charged for staff time shall not 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, which may include attorney fees for legal review and any related determination on the disclosability of the records. Based on the scope and nature of the request, the City shall produce requested copies using employees whose hourly rate results in the lowest amount of charges for search, research, and duplication time.
D. 
Documents may be furnished 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 City and is not primarily in the commercial interest of the requester.
E. 
Notwithstanding any other provision of law to the contrary, whenever a criminal background check is requested in connection with gaining employment, housing, or any other services or benefit of any homeless former member of the organized militia or the Armed Forces of the United States who has been honorably discharged, such background check shall be completed and transmitted to the requesting party without any fee or other compensation for such background check or for any copy of a relevant public record pertaining to such request. For purposes of this Section, "homeless" means an involuntary state characterized by a lack of housing or shelter.
[Ord. No. 2489 §1, 2-12-2013]
A. 
Meetings, records, and votes closed pursuant to this Chapter are done so by the City in compliance with law and for the purpose of effecting and facilitating the City's operations, and all such closed information shall be treated as confidential by the City's employees and its elected and appointed officials until such time as the information has been made public by action of the City. No person shall copy, record, remove, alter, or disclose information closed pursuant to this Chapter unless otherwise authorized by law or by vote of the City.
B. 
Any person violating Subsection (A) of this Section, or any other provision of this Chapter, shall upon conviction be subject to punishment of a fine of up to $1,000, imprisonment of up to 90 days, or both such fine and imprisonment.
C. 
In addition, employees may be subject to disciplinary action, up to and including termination, and elected and appointed officials may be subject to removal from office or other sanction, for any such violation.
[Ord. No. 2552 §1, 5-26-2015]
The City Council shall, from time to time, adopt, review, revise and amend policies for the management, retention and disposition of City records, which policies shall not be in conflict with the Missouri State and Local Records Law or policies, procedures or retention and disposition schedules adopted and promulgated by the State of Missouri pursuant to such law.
[Ord. No. 2552 §1, 5-26-2015]
All public records shall be the property of the City of Olivette, Missouri. Public records of continuing utility entrusted to officials and employees in association with the performance of service to the City shall be delivered to their successors by outgoing officials and employees.
[Ord. No. 2552 §1, 5-26-2015]
It shall be the duty of each officer and employee of the City of Olivette to protect, store, transfer, destroy or otherwise dispose of, use and manage public records only in accordance with applicable Federal, State and local law.
[Ord. No. 2552 §1, 5-26-2015]
A. 
It shall be the responsibility of the Custodian of Records to administer the records management program of the City of Olivette, Missouri. The Custodian of Records shall:
1. 
Develop and circulate such forms as may be necessary to implement and maintain the records management program.
2. 
Approve destruction schedules before disposition of public records and certify same to the City Council to be made a part of a Council agenda and recorded in the minutes.
[Ord. No. 2552 §1, 5-26-2015]
The records classification and retention schedules in the Missouri Local Records Retention Schedules adopted and promulgated by the Missouri Secretary of State and the Missouri Local Records Board in accord with the Missouri State and Local Records Law, from time to time, and each separate schedule applicable to the activities and operations of the City of Olivette, are hereby adopted as the City policy for the management, retention and disposition of records of the City of Olivette. No records should be destroyed until they meet the minimum retention period applicable thereto. Records identified as privileged, confidential or designated "destroy securely" should be disposed of under the supervision of a competent person(s) designated by the Custodian of Records to ensure that no records fall into unauthorized hands and that the data cannot be reconstructed.
[Ord. No. 2552 §1, 5-26-2015]
Anything to the contrary notwithstanding, records pertaining to annexation by or other adjustment of the boundaries or jurisdiction of the City of Olivette shall be permanently retained.