[Ord. No. 1324 §1, 9-1-1992]
As used in this Chapter, unless the context indicates otherwise,
the following terms mean:
Any meeting, record or vote closed to the public.
The Board of Aldermen of the City of Parkville, or any legislative,
administrative governmental entity created by order or ordinance of
the Board of Aldermen, including any body, agency, board, bureau,
council, commission, or committee.
Any meeting of a public governmental body subject to this
Chapter at which any public business is discussed, decided, or public
policy formulated. 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 State Law.
Any record retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared and presented to the public governmental body by a consultant or other professional service paid for in whole or in part by public funds except as provided in Section 103.030.
Any vote cast at any public meeting of any public governmental
body.
[Ord. No. 1324 §2, 9-1-1992]
A.
All public
governmental bodies shall give notice of the time, date, and place
of each meeting, and its tentative agenda if available, in a manner
reasonably calculated to apprise the public of that information. Reasonable
notice shall include making available copies of the notice to any
representative of the news media who requests notice of a particular
meeting and posting the notice on a bulletin board or other prominent
place at City Hall.
B.
Notice conforming with all the requirements of Subsection (A) shall be given at least twenty-four (24) hours 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. Each meeting shall be held at a place reasonably accessible to 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.
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 sub-unit 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 sub-unit is publicly
announced at the parent meeting and the subject of the meeting reasonably
coincides with subjects discussed or acted upon by the parent governmental
body.
[Ord. No. 1324 §3, 9-1-1992]
A.
Except
to the extent disclosure is otherwise required by law, and subject
to additional actions on the part of the City of Parkville, as may
be required by law, all meetings, records and votes of the City of
Parkville or its governmental bodies are closed to the public to the
extent they relate to the following:
1.
Legal
actions, causes of action or litigation involving the City of Parkville
or any public governmental body of the City and any confidential or
privileged communications between the City and its public governmental
bodies or their representatives and their attorneys. However, any
vote relating to litigation involving the City or its public governmental
bodies shall be made public upon final disposition of the matter voted
on, 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
legal action. Legal work product shall be considered a closed record.
2.
Leasing,
purchase or sale of real estate by the City of Parkville or its public
governmental bodies where public knowledge of the transaction might
adversely affect the legal consideration therefor. However, any vote
or public record approving a contract relating to the leasing, purchase
or sale of real estate by the City or its public governmental bodies
shall be made public upon execution of the lease, purchase or sale
of the real estate.
3.
Hiring,
firing, disciplining or promoting an employee of the City of Parkville.
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 before such decision is made available to the public.
4.
Nonjudicial
mental or physical health proceedings, involving identifiable persons,
including medical, psychiatric, psychological, or alcoholism or drug
dependence diagnosis or treatment.
5.
Testing
and examination materials, before the test or examination is given,
or if it is to be given again, before it is given again.
6.
Preparation,
including any discussions or work product, on behalf of the City of
Parkville or its public governmental bodies or their representatives,
for negotiations with employee groups.
7.
Software
codes for electronic data processing and documentation thereof.
8.
Specifications
for competitive bidding, until either the specifications are officially
approved by the City of Parkville or its public governmental bodies
or the specifications are published for bid.
10.
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, salary ranges and lengths
of service of officers and employees of the City of Parkville and
its public governmental bodies, once they are employed as such.
a.
Any
and all records of any internal police investigation leading to the
hiring, firing or disciplining of any employee of the City of Parkville,
and any and all records of any internal police investigation which
was undertaken with the possibility that such action might be taken
shall be considered personnel records. These records shall be closed
to any but authorized officials.
b.
All
other personnel records pertaining to any City of Parkville employee
are closed to any but authorized Officials and the City's designated
records custodian, with the exception that any employee, while still
employed, may review his personnel file while in the company of the
City's designated records custodian, and with the further exception
that the following facts are public information and shall be released
upon request: Name, position, salary and length of service of officers
and employees of the City.
11.
Records
which are protected from disclosure by law.
12.
Meetings
and public records relating to scientific and technological innovations
in which the public governmental body as owner has a proprietary interest.
[Ord. No. 1324 §4, 9-1-1992]
A.
Except as set forth in Subsection (B) of this Section, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the 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 a specific Section of this Chapter shall be announced publicly at an open meeting of the governmental body and entered into the minutes.
B.
A public governmental body proposing to hold a closed meeting or vote shall give notice of the time, date and place of such closed meeting or vote and the reason for holding it by reference to the specific exception allowed under the provisions of Section 103.030. Such notice shall comply with the procedures set forth in Section 103.020 for notice of a public meeting.
C.
Any meeting or vote closed pursuant to Section 103.030 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.
[Ord. No. 1324 §5, 9-1-1992]
The City Clerk is hereby appointed as the custodian of records
and is to be responsible for the maintenance of all records of the
City and all records of the City's public governmental bodies. The
custodian is authorized to appoint assistant custodians to aid in
the performance of the custodian's duties, as established by State
law, City ordinance, and City policies which govern access to, and
maintenance of, public records, meetings, or votes.
[Ord. No. 1324 §6, 9-1-1992]
A.
The City
of Parkville shall make available for inspection and copying by the
public that body's public records. No person shall remove original
public records from the City of Parkville or its custodian without
written permission of the designated custodian.
B.
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 the City of Parkville. 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.
C.
If a
request for access is denied, the custodian shall provide, upon written
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 person making the request
no later than the end of the third (3rd) business day following the
date that the written request for the statement is received.
[Ord. No. 1324 §7, 9-1-1992]
Fees for copying public records shall not exceed the actual
cost of document search and duplication. Documents may be furnished
without charge or at a reduced charge when the City of Parkville determines
that waiver or reduction of the fee is in the public interest because
it is likely to contribute significantly to public understanding or
the operations or activities of the City of Parkville and is not primarily
in the commercial interest of the person making the request.
[Ord. No. 1324 §8, 9-1-1992]
Should a person authorized by State Law wish to obtain access
to the City of Parkville's records or request photocopies of public
records, there is hereby established a photocopying fee of twenty-five
cents ($0.25) per page, in accordance with State Law. Payment of such
copying fees may be requested in advance. All monies received by the
City of Parkville and its public governmental bodies will be paid
over to the City Collector to be deposited in the City's General Fund.
