[Ord. No. 678.1 §1, 11-5-1987]
As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
PUBLIC GOVERNMENTAL BODY
Any Legislative, Administrative, Governmental entity created
by the Constitution or Statutes of this State, by order or ordinance
of any Political Subdivision or District, Judicial entities when operating
in an administrative capacity, or by executive order, including:
1.
Any body, agency, board, bureau, council, commission, committee,
Board of Regents or Board of Curators or any other Governing Body
of any institution of higher education, including a community college,
which is supported in whole or in part from State funds.
2.
Any advisory committee or commission appointed by the Governor
by executive order.
3.
Any Department or Division of the State, of any Political Subdivision
of the State, of any County or of any Municipal Government, School
District or Special Purpose District including but not limited to
Sewer Districts, Water Districts, and other subdistricts of any Political
Subdivision.
4.
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.
5.
Any Committee appointed by or at the direction of any of the
entities and which is authorized to report to any of the above named
entities, or any Policy Advisory Body, Policy Advisory Committee or
Policy Advisory Group appointed by a President, Chancellor or any
other Executive Officer of any college or university system or individual
institution at the direction of the Governing Body of said institution
which is supported in whole or in part with State funds.
6.
Any quasi-public governmental body. The term "quasi-public
governmental body" means any person, corporation or partnership
organized or authorized to do business in this State under the provisions
of Chapter 352, 353, or 355, RSMo., or unincorporated association
which either:
a.
Has as its primary purpose to enter into contracts with public
Governmental Bodies, or to engage primarily in activities carried
out pursuant to an agreement or agreements with public Governmental
Bodies; or
b.
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, or the contracting
of leaseback agreements on structures whose annualized payments commit
public tax revenues; or any association that directly accepts the
appropriation of money from a public governmental body, but only to
the extent that a meeting, record, or vote relates to such appropriation.
PUBLIC MEETING
Any meeting of a public governmental body subject to Sections
610.010 to 610.030, RSMo., at which any public business is discussed, decided, or public policy formulated, whether corporeal or by means of communication equipment. 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.
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 and presented to the
Board of Aldermen by a consultant or other professional service paid
for in whole or in part by public funds; provided however, that personally
identifiable student records maintained by public educational institutions
shall be open for inspection by the parents, guardian or other custodian
of students under the age of eighteen (18) years and by the parents,
guardian or other custodian and the student if the student is over
the age of eighteen (18) years.
PUBLIC VOTE
Any vote cast at any public meeting of any public governmental
body.
[Ord. No. 678.2 §1, 11-5-1987]
A. All meetings,
records and votes are open to the public, except the governmental
body may close any meeting, record or vote relating to the following:
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 or vote relating to litigation involving a public governmental
body shall be made public upon final disposition of the matter voted
upon 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 must be made available to
the public within seventy-two (72) hours of the close of the meeting
where such action occurs; provided however, that any employee so affected
shall be entitled to prompt notice of such decision during the seventy-two
(72) hour period before such decision is made available to the public.
As used in this Subsection, the term "personal information" means information relating to the performance or merit of individual
employees.
4. Nonjudicial
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 earlier of either when the bids
are opened, or all bids are accepted or all bids are rejected.
11. Individually
identifiable personnel records, performance ratings or records pertaining
to employees or applicants for employment, except that this exemption
shall not apply to the names, positions, salaries and lengths of service
of officers and employees of public agencies once they are employed
as such.
12. Records
which are protected from disclosure by law.
13. Meetings
and public records relating to scientific and technological innovations
in which the owner has a proprietary interest.
[Ord. No. 678.1 §§3—4, 11-5-1987; Ord. No. 678.2 §7, 11-5-1987]
A. The City
Clerk shall be custodian of records. Each request for access to a
public record shall be acted upon as soon as possible, but in no event
later than the end of the third (3rd) business day following the date
the request is received by the custodian of records of a public governmental
body. If 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.
B. The custodian
shall charge one dollar ($1.00) per page for duplication costs and
for document search. The custodian shall require payment prior to
duplicating documents. All monies received by the City of Lake Tapawingo
and its public governmental bodies will be paid over to the City Treasurer
to be deposited in the City's General Fund.