[Ord. No. 2730 §1(2-361.1), 12-7-2005]
As used in this Article, unless the context otherwise indicates,
the following terms mean:
COPYING
Copies requested by a member of the public, provided as detailed
in the provisions of this Chapter, if duplication equipment is available.
PUBLIC BUSINESS
All matters which relate in any way to the performance of
the City's functions or the conduct of its business.
PUBLIC GOVERNMENTAL BODY
Any legislative, administrative, governmental entity created
by the Constitution or Statutes of this State, orders or ordinance
of the City, judicial entities when operating in an administrative
capacity and by executive order, including:
1.
Any advisory committee or commission appointed by the Mayor
or City Council;
2.
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;
3.
Any committee appointed by or at the direction of any of these
entities and authorized to report to any such entity and any advisory
committee appointed by or at the direction of any of the named entities
for the specific purpose of recommending, directly to the Mayor, City
Council and the City Manager, policy or policy revisions or expenditures
of public funds. The City's custodian of records shall maintain a
list of the policy advisory committees described in this Subsection;
and
4.
Any quasi-public governmental body.
PUBLIC MEETING
Any meeting of a public governmental body subject to this
Chapter at which any public business is discussed, decided or public
policy formulated, whether such meeting is conducted in person or
by means of communication equipment including, but not limited to,
conference call, video conference, Internet chat and 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 Article, but the term shall include a public vote
of all or a majority of the members of a public governmental body,
by electronic communication or any other means, conducted in lieu
of holding a public meeting with the members of the public governmental
body gathered at one (1) location in order to conduct public business.
PUBLIC RECORD
Any record, whether written or electronically stored, retained
by or of any public governmental body including any report, survey,
memorandum or other document or study prepared for the public governmental
body by a consultant or other professional service paid for in whole
or in part by public funds, including records created or maintained
by private contractors under an agreement with a public governmental
body or on behalf of a public governmental body. The term "public record" shall not include any internal memorandum
or letter received or prepared by or on behalf of a member of a public
governmental body consisting of advice, opinions and recommendations
in connection with the deliberative decision-making process of said
body, unless such records are retained by the public governmental
body or presented at a public meeting. Any document or study prepared
for a public governmental body by a consultant or other professional
service as described in this Section shall be retained by the public
governmental body in the same manner as any other public record.
PUBLIC VOTE
Any vote, whether conducted in person, by telephone or by
any other electronic means, cast at any public meeting of any public
governmental body.
QUASI-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., or unincorporated association which either:
1.
Has as its primary purpose to enter into contracts with public
governmental bodies and to engage primarily in activities carried
out pursuant to an agreement or agreements with public governmental
bodies; or
2.
Performs a public function, as evidenced by a statutorily 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 and 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.
[Ord. No. 2730 §1(2-361.2), 12-7-2005]
A. All meetings,
records, minutes and votes of a public governmental body of the City
of Ellisville are open to the public, except that any meeting, record,
minutes 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 and settlement agreement relating to legal actions,
causes of action and 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 government 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 610.111, 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 herein,
the term "personal information" means information
relating to the performance or merit of individual employees.
4. Non-judicial
mental or physical health proceedings involving identifiable persons,
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 and 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. It is the policy of the City that no information relating
to present or past employees other than names, positions, salaries
and lengths of service shall be provided to any person or agency other
than:
a. As
specifically requested in writing by the employee in question in accord
with applicable provisions of the City's personnel policies;
b. As
may be required in response to a subpoena lawfully issued by a court
of competent jurisdiction; or
c. As
otherwise may be required by law.
12. Records
which are protected from disclosure by law.
13. Meetings
and public records relating to scientific and technological innovations
in which the owner has a proprietary interest.
14. Records
relating to municipal hotlines established for the reporting of abuse
and wrongdoing.
15. Confidential
or privileged communications between a public governmental body and
its auditor, including all auditor work product; however, all final
audit reports issued by the auditor are to be considered open records
pursuant to this Chapter.
16. Operational
guidelines and policies developed, adopted or maintained by any public
agency responsible for law enforcement, public safety, first response
or public health for use in responding to or preventing any critical
incident which is or appears to be terrorist in nature and which has
the potential to endanger individual or public safety or health. Nothing
in this exception shall be deemed to close information regarding expenditures,
purchases or contracts made by an agency in implementing these guidelines
or policies. When seeking to close information pursuant to this exception,
the agency shall affirmatively state in writing that disclosure would
impair its ability to protect the safety or health of persons and
shall in the same writing state that the public interest in non-disclosure
outweighs the public interest in disclosure of the records. This exception
shall expire and be of no further force or effect on December 31,
2008.
17. Existing
or proposed security systems and structural plans of real property
owned or leased by a public governmental body and information that
is voluntarily submitted by a non-public entity owning or operating
an infrastructure to any public governmental body for use by that
body to devise plans for protection of that infrastructure, the public
disclosure of which would threaten public safety.
a. Records
related to the procurement of or expenditures relating to security
systems purchased with public funds shall be open;
b. When
seeking to close information pursuant to this exception, the public
governmental body shall affirmatively state in writing that disclosure
would impair the public governmental body's ability to protect the
security or safety of persons or real property and shall in the same
writing state that the public interest in non-disclosure outweighs
the public interest in disclosure of the records;
c. Records
that are voluntarily submitted by a non-public entity shall be reviewed
by the receiving agency within ninety (90) days of submission to determine
if retention of the document is necessary in furtherance of a State
security interest. If retention is not necessary, the documents shall
be returned to the non-public governmental body or destroyed;
d. This
exception shall expire and be of no further force or effect on December
31, 2008.
18. Records
that identify the configuration of components or the operation of
a computer, computer system, computer network and telecommunications
network and would allow unauthorized access to or unlawful disruption
of a computer, computer system, computer network or telecommunications
network of a public governmental body. This exception shall not be
used to limit or deny access to otherwise public records in a file,
document, data file or database containing public records. Records
related to the procurement of or expenditures relating to such computer,
computer system, computer network or telecommunications network, including
the amount of monies paid by, or on behalf of, a public governmental
body for such computer, computer system, computer network or telecommunications
network, shall be open.
19. Credit
card numbers, personal identification numbers, digital certificates,
physical and virtual keys, access codes or authorization codes that
are used to protect the security of electronic transactions between
a public governmental body and a person or entity doing business with
a public governmental body. Nothing in this Section shall be deemed
to close the record of a person or entity using a credit card held
in the name of a public governmental body or any record of a transaction
made by a person using a credit card or other method of payment for
which reimbursement is made by a public governmental body.
[Ord. No. 2730 §1(2-361.3), 12-7-2005]
To allow the fullest cooperation by employees and members of
the public in investigation of matters wherein an employee of the
City is alleged to have engaged in any form of misconduct, all files,
records and documents relating to investigations of allegations of
misconduct by City employees will be considered to be personnel records
and shall be closed records under the custody of the respective department
head or personnel office.
[Ord. No. 2730 §1(2-361.4), 12-7-2005]
A. All information
obtained by the City regarding medical examinations, medical condition
or medical history of City employees or job applicants, if retained
by the City, shall be collected and maintained on separate forms and
in separate medical files and shall be treated as closed and confidential
records, except that:
1. Supervisors
and managers may be informed regarding necessary restrictions on the
work duties of employees and necessary accommodations;
2. First
aid and safety personnel may be informed, when appropriate, if the
information reflects the existence of a disability which might require
emergency treatment; or
3. Government
officials investigating compliance with State or Federal law pertaining
to treatment of persons with disabilities may be allowed access to
such records.
[Ord. No. 2730 §1(2-361.5), 12-7-2005]
A. To protect
reasonable expectations of privacy on the part of persons having dealings
with the City, City records containing information or entries of a
personal, confidential, private or proprietary nature including, but
not limited to, income, sales data, financial circumstances, household
and family relationships, Social Security numbers, dates of birth,
insurance information and other information which reasonable persons
generally regard as private and not a customary subject for public
discourse, which information or entries have been provided to the
City by one complying with regulations requiring the disclosure of
such information, shall be excised from copies of City records disclosed
or provided to members of the public other than those persons to whom
the information of entries pertain. Persons desiring access to information
or entries excised from such records may file a supplementary written
request with the City Clerk for disclosure of material to be specified
in the request, which request should state:
1. Whether
or not the requesting party has informed persons to whom the requested
information pertains of the request; and
2. All
reasons why the requesting party believes disclosure by the City of
the specified information is in the public interest.
B. The City
Clerk may afford all interested parties, including the persons to
whom the information pertains, a reasonable time within which to comment
on the requested disclosure prior to acting further on the request.
If an interested person objects to the disclosure of the requested
information, the City Clerk may conduct a hearing at which all interested
parties may be heard. At such hearing the Clerk shall consider, among
such other factors as may be reasonable and relevant:
1. The
requirements and intent of State law, City ordinances and this policy.
2. The
legitimate expectations of privacy on the part of interested parties.
3. The
personal, confidential, private or proprietary nature of the information
at issue.
4. Whether
the information was obtained by the City under compulsion of law or
was freely and voluntarily provided by the persons objecting to the
disclosure; and
5. The
public purposes to be served by disclosure of the requested information.
|
If the City Clerk determines that disclosure is legally required
or would otherwise serve the best interests of the public and that
such requirements or purpose outweigh the legitimate concerns or interest
of the persons to whom the information pertains, the Clerk shall provide
the requested information to the requesting party.
|
C. In addition to or in lieu of the hearing described above, the City Clerk may afford all interested parties a reasonable opportunity to seek judicial review of or relief from the proposed disclosure. The City Clerk may also utilize the procedures for judicial determination and/or opinion solicitation provided in Section
125.120.
D. Records
and information that have been closed pursuant to the provisions of
this Chapter, Chapter 610, RSMo., and other relevant State and Federal
laws and regulations are to be treated as confidential by all employees
and elected and appointed officials of the City.
1. It shall
be grounds for disciplinary action for any employee to:
a. Violate
the confidentiality relating to such records or information;
b. Copy
or remove closed and/or confidential information without the specific
consent of the custodian thereof or in the normal course of performing
such employee's duties for the City;
c. Provide
or discuss closed records or confidential information with any person
other than as a necessary part of performing such employee's duties
for the City; or
d. Divulge,
discuss or disclose information or records addressed in any closed
meeting of a public governmental body, other than as a necessary part
of performing such employee's duties for the City.
2. Elected
and appointed officials are also expected to maintain the same strict
standards of confidentiality required of employees. Breach of the
confidentiality standards established by this Chapter and required
of employees in this Section may be grounds for removal from office
or other sanctions as may be deemed appropriate by the body of which
such official is a member or by the City Council.
[Ord. No. 2730 §1(2-361.6), 12-7-2005]
A. Each
public governmental body shall give notice of the time, date, place
and tentative agenda of each meeting in a manner reasonably calculated
to advise the public of the matters to be considered and if the meeting
will be conducted by telephone or other electronic means, the notice
of the meeting shall identify the mode by which the meeting will be
conducted and the designated location where the public may observe
and attend the meeting. If a public body plans to meet by Internet
chat, Internet message board or other computer link, it shall post
a notice of the meeting on its website in addition to its principal
office and shall notify the public how to access that meeting. Reasonable
notice shall include making available copies of the notice to any
representative of the news media who requests notice of meetings of
a particular public governmental body concurrent with the notice being
made available to the members of the particular governmental body
and posting the notice on a bulletin board at City Hall or other prominent
place which is easily accessible to the public and clearly designated
for that purpose at the City Hall.
B. The notice
shall be given at least twenty-four (24) hours, exclusive of weekends
and holidays when the City Hall is closed, prior to the commencement
of any meeting of 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. 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.
D. A formally
constituted subunit of a parent governmental body may conduct a meeting
without notice as required by this Section 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.
E. A public
body shall allow for the recording by audiotape, videotape or other
electronic means of any open meeting. A public body may establish
guidelines regarding the manner in which such recording is conducted
so as to minimize disruption to the meeting. No audio recording of
any meeting, record or vote closed pursuant to the provisions of Section
610.021, RSMo., shall be allowed without permission of the public
body; any person who violates this provision shall be guilty of an
ordinance violation and punished by imprisonment for a period not
to exceed fifteen (15) days, a fine not to exceed three hundred dollars
($300.00) or by both such fine and imprisonment.
[Ord. No. 2730 §1(2-361.7), 12-7-2005]
A. A public
governmental body proposing to hold a closed meeting or vote may do
so by either:
1. Giving
notice of same pursuant to the provisions of this Article along with
reference to the specific exception allowing such a closed meeting
under State law; or
2. Upon
an affirmative public vote of the majority of a quorum of the public
governmental body. The vote of each member of the public 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 the
specific exception allowing such a closed meeting under State law
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 610.021, RSMo., shall be closed
only to the extent necessary for the specific reason announced to
justify the closed meeting or vote. Public governmental bodies shall
not discuss any business in a closed meeting, record or vote which
does not directly relate to the specific reason announced to justify
the closed meeting or vote. Public governmental bodies holding a closed
meeting shall close only an existing portion of the meeting facility
necessary to house the members of the public governmental body in
the closed session, allowing members of the public to remain to attend
any subsequent open session held by the public governmental body following
the closed session.
C. In the
event any member of a public governmental body makes a motion to close
a meeting or a record or a vote from the public and any other member
believes that such motion, if passed, would cause a meeting, record
or vote to be closed from the public in violation of any provision
in Chapter 610, RSMo., or this Article, such latter member shall state
his/her objection to the motion at or before the time the vote is
taken on the motion. The public governmental body shall enter in the
minutes of the public governmental body any objection made pursuant
to this Subsection. Any member making such an objection shall be allowed
to fully participate in any meeting, record or vote that is closed
from the public over the member's objection. In the event the objecting
member also voted in opposition to the motion to close the meeting,
record or vote at issue, the objection and vote of the member as entered
in the minutes shall be an absolute defense to any claim filed against
the objecting member pursuant to Chapter 610, RSMo.
[Ord. No. 2730 §1(2-361.8), 12-7-2005]
A. A journal
or minutes of open and closed meetings shall be taken and retained
by the public governmental body including, but not limited to, a record
of any votes taken at such meeting. The minutes shall include the
date, time, place, members present, members absent and a record of
any votes taken.
B. All votes
by members of a public governmental body at any meeting shall be recorded.
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 body. Any votes taken during a closed meeting shall
be taken by roll call and the minutes of the closed meeting shall
reflect the vote taken. All votes taken by roll call in meetings of
the City Council shall be cast by members who are physically present
and in attendance at the meeting. When it is necessary to take votes
by roll call in a meeting of the City Council, due to an emergency
of the City Council, with a quorum of the members of the City Council
physically present and in attendance and less than a quorum of the
members of the City Council participating via telephone, facsimile,
Internet and any other voice or electronic means, the nature of the
emergency justifying that departure from the normal requirements shall
be stated in the minutes. Where such emergency exists, the votes taken
shall be regarded as if all members were physically present and in
attendance at the meeting.
[Ord. No. 2730 §1(2-361.9), 12-7-2005]
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.
[Ord. No. 2730 §1(2-361.10), 12-7-2005]
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. 2730 §1(2-361.11), 12-7-2005]
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 operating departments of the City and such other
departments or offices as the City Clerk may determine. Deputy custodians
shall conduct matters relating to public records and meetings in accord
with the policies enumerated herein.
B. Except
as otherwise provided by law, the City shall provide access to and,
upon request, furnish copies of the City's public records subject
to the provisions of the Code of Ordinances relating to copying fees.
No person shall remove original public records from the City Hall
or from the office of the custodian of records without written permission
of the custodian. No public governmental body shall grant to any person
or entity, whether by contract, license and 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. The custodian
of records may require persons seeking access to public records to
submit such request in writing and/or on a form designated by the
custodian for such purpose. Such written request shall be sufficiently
particular to reasonably apprise the custodian of the records sought.
D. 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. 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.
E. If a
request for access is denied, the custodian of records 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.
F. Any member
of a public governmental body who transmits any message relating to
public business by electronic means shall also concurrently transmit
that message to either the member's public office computer or the
custodian of records in the same format, provided however, that the
provisions of this Subsection shall only apply to messages sent to
other members of the public governmental body so that, when counting
the sender, a majority of the body's members are copied. Any such
message received by the custodian or at the member's office computer
shall be a public record, subject, however, to the exceptions for
closed records as provided by law.
[Ord. No. 2730 §1(2-361.12), 12-7-2005]
A public governmental body or the custodian of records in doubt
about the legality of closing a particular meeting, record or vote
may, subject to approval by the City Council, bring suit in the Circuit
Court for the County of St. Louis to ascertain the propriety of such
action. In addition, subject to approval by the City Council, the
public governmental body or custodian may seek a formal opinion of
the Attorney General or an attorney for the City regarding the propriety
of such action. In such events, the proposed closed meeting or public
access to the record or vote shall be deferred for a reasonable time
pending the outcome of the actions so taken.
[Ord. No. 2730 §1(2-361.13), 12-7-2005]
A. The custodian
shall charge ten cents ($.10) per page for a paper copy not larger
than nine (9) by fourteen (14) inches, plus an hourly fee for duplicating
time not to exceed the average hourly rate of pay for clerical staff
of the City. Research time required for fulfilling records requests
may be charged at the actual cost of research time. Based on the scope
of the request, the City shall produce the copies using employees
of the City that result in the lowest amount of charges for search,
research and duplication time. Prior to producing copies of the requested
records, the person requesting the records may request the City to
provide an estimate of the cost to the person requesting the records.
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, video tapes or films, pictures, maps, slides,
graphics, illustrations or similar audio or visual items or devices
and for paper copies larger than nine (9) by fourteen (14) inches
shall include only the cost of copies, staff time, which shall not
exceed the average hourly rate of pay for staff of the City required
for making copies and programming, if necessary, and the disk or tape
and other medium used for the duplication. Fees for maps, blueprints
or plats that require special expertise to duplicate may include the
actual rate of compensation for the trained personnel required to
duplicate such maps, blueprints or plats. If programming is required
beyond the customary and usual level to comply with a request for
records or information, the fees for compliance may include the actual
costs of such programming.
[Ord. No. 2730 §1(2-362.1), 12-7-2005]
As used in this Article, the following terms shall have the
following definitions:
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.
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 and 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.
[Ord. No. 2730 §1(2-362.2), 12-7-2005]
A. The Police Department of the City shall maintain records of all incidents reported to the Police Department and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection
(C) of this Section or Section 320.083, RSMo., investigate reports of the Police Department 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 except as provided in Section
125.170.
B. Except as provided in Subsections
(C) and
(D) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer and other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Article.
C. Any person, attorney for a person or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section
125.170 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, his/her attorney or insurer involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident and may obtain access to other records closed by the Police Department pursuant to this Section. Within thirty (30) days of such request, the Police Department shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction over the Police Department stating that the safety of the victim, witness or other individual cannot be reasonably ensured or that a criminal investigation is likely to be jeopardized. Pursuant to Section 610.100(4), RSMo., if, based on such motion, the court finds for the Police Department, 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.
D. The victim
of an offense as provided in Chapter 566, RSMo., may request that
his/her identity be kept confidential until a charge relating to such
incident is filed.
[Ord. No. 2730 §1(2-362.3), 12-7-2005]
A. If the person arrested is charged but the case is subsequently nolle prossed, dismissed or the accused is found not guilty or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except that the disposition portion of the record may be accessed except as provided in Section
125.170. If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider agencies as defined in Section 660.250, RSMo., in the manner established by Section
125.170.
B. If the
person arrested is charged with an offense found in Chapter 566, RSMo.,
Section 568.045, 568.050, 568.060, 568.065, 568.080, 568.090 or 568.175,
RSMo., and an imposition of sentence is suspended in the court in
which the action is prosecuted, the official records pertaining to
the case shall be made available to the victim for the purpose of
using the records in his/her own judicial proceeding or if the victim
is a minor to the victim's parents or guardian, upon request.
[Ord. No. 2730 §1(2-362.4), 12-7-2005]
A. Records
required to be closed shall not be destroyed; they shall be inaccessible
to the general public and to all persons other than the defendant
except as provided in this Section and Section 43.507, RSMo. They
shall be available to the Sentencing Advisory Commission created in
Section 558.019, RSMo., for the purpose of studying sentencing practices
and only to courts, law enforcement agencies, child care agencies,
Department of Revenue for driving record purposes, facilities as defined
in Section 198.006, RSMo., in-home services provider agencies as defined
in Section 660.250, RSMo., the Division of Workers' Compensation for
the purposes of determining eligibility for crime victims' compensation
pursuant to Sections 595.010 to 595.075, RSMo., and Federal agencies
for purposes of prosecution, sentencing, parole consideration, criminal
justice employment, child care employment, nursing home employment
and to Federal agencies for such investigative purposes as authorized
by law or presidential executive order. These records shall be made
available for the above purposes regardless of any previous statutory
provision which had closed such records to certain agencies or for
certain purposes. All records which are closed records shall be removed
from the records of the Police Department and Municipal Court which
are available to the public and shall be kept in separate records
which are to be held confidential and, where possible, pages of the
public record shall be retyped or rewritten omitting those portions
of the record which deal with the defendant's case. If retyping or
rewriting is not feasible because of the permanent nature of the record
books, such record entries shall be blacked out and recopied in a
confidential book.
B. As used
in this Section, the term "child care" includes providers and youth
services agencies as those terms are defined in Section 43.540, RSMo.,
elementary and secondary school teachers and elementary and secondary
school bus drivers, whether such drivers are employed by a school
or an entity which has contracted with the school to provide transportation
services.
[Ord. No. 2730 §1(2-362.5), 12-7-2005]
Excepted as provided by this Section, any information acquired by the Police Department by way of a complaint or report of a crime made by telephone contact using the emergency number "911" shall be inaccessible to the general public. However, information consisting of the date, time, specific location and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to Section
125.150. Any closed records pursuant to this Section shall be available upon request by law enforcement agencies or the Division of Workers' Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.
[Ord. No. 2730 §1(2-362.6), 12-7-2005]
A. The City
of Ellisville Police Department, if it maintains a daily log or record
that lists suspected crimes, accidents and complaints, shall make
available the following information for inspection and copying by
the public:
1. The
time, substance and location of all complaints or requests for assistance
received by the Police Department;
2. The
time and nature of the Police Department's response to all complaints
or requests for assistance; and
3. If the
incident involves an alleged crime or infraction:
a. The
time, date and location of occurrence;
b. The
name and age of any victim, unless the victim is a victim of a crime
under Chapter 566, RSMo.;
c. The
factual circumstances surrounding the incident; and
d. A
general description of any injuries, property or weapons involved.