[Ord. No. 2489 §1, Exhibit A, 2-12-2013[1]]
As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
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.
A record of a law enforcement agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
The City of Olivette, including its City Council and its
public governmental bodies.
Any meeting, record or vote closed to the public.
If requested by a member of the public, copies provided as detailed in Section 140.110 of this Chapter.
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.
All matters that relate in any way to performance of the
City's functions or the conduct of its business.
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:
Any advisory committee or commission appointed by the City Council;
Any department or division of the City;
Any other public governmental body under the direction of three
(3) or more elected or appointed officials having rule-making or quasi-judicial
power;
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
Any quasi-public governmental body.
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.
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.
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.
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.
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.
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.
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:
Has as its primary purpose contracting with the City or engaging
in activities carried out pursuant to contracts with the City; or
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
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.
"Video conference" or "video conferencing" is a means by
which members of the City Council, or any other public governmental
body of the City, may hold a public meeting by transmitting real time
audio and video of the meeting, provided that: (a) a quorum of the
governmental body participates in the meeting, (b) all participating
members are able to see, hear, and communicate with each other in
real time, and (c) any meeting using video conferencing shall be accessible
to the public in real tine, shall permit oral and written participation
by the public to the extent technologically feasible, and shall be
subject to closure as allowed by law.
[Ord. No. 2642, 9-25-2018; Ord. No. 2694, 3-18-2020; Ord. No. 2698, 4-28-2020]
[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.
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.
H.
Meetings Using Video Conferencing.
[Ord. No. 2694, 3-18-2020; Ord.
No. 2698, 4-28-2020]
1.
It is the policy of the City that members of the City's public
governmental bodies should be physically present for meetings to best
serve their constituents, but in a public emergency, when physical
meetings have been prohibited or suspended, or if a member is unable
to be physically present for what otherwise would be an excused absence,
members may attend and participate by video conference. A member desiring
to do so as a result of excuse shall notify the City Manager and Mayor
in writing as early as possible prior to the meeting.
2.
If at any time during a video-conferenced meeting the feed,
whether audio, video, or both, is disrupted so that participating
members are unable to see, hear, or fully communicate with a video-conferencing
member, the member shall be deemed absent from the meeting for the
duration of the disruption. The meeting may continue if a quorum of
the body remains able to participate in the meeting. The minutes shall
reflect the absence and its duration.
3.
A member attending a meeting via video conference may vote on
all matters to the same extent as members who are physically present.
4.
The City Council or any public governmental body of the City
may use video conferencing to hold a closed meeting as permitted by
Missouri Statute or this Chapter. A member so participating shall
ensure that there are no other persons present at his or her location
to see, hear, or communicate with during the closed meeting, unless
such other person has been authorized to participate in the meeting
by a majority of the body. All reasonable precautions must be taken
to guard against interception of communication by others.
5.
The minutes of any meeting using video conferencing shall identify
any member participating via video conference.
6.
Video conferencing should be used sparingly. The Council may
limit or terminate the privilege of video conferencing for any member
of a public governmental body found to have abused the privilege.
[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]
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:
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:
[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.
