As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
COPYING
If requested by a member of the public, copies provided as detailed in Section
122.100 of this Chapter, if duplication equipment is available.
PUBLIC BUSINESS
All matters which relate in any way to performance of the
City's functions or the conduct of its business.
PUBLIC GOVERNMENTAL BODY
Any legislative, administrative or governmental entity created
by the Constitution or Statutes of this State, orders or ordinances
of the City, judicial entities when operating in an administrative
capacity or by executive order, including:
1.
Any advisory committee or commission appointed by the Mayor
or Board of Aldermen.
2.
Any department or division of the City.
3.
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.
4.
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, any advisory committee appointed by or at the direction
of any of the named entities for the specific purpose of recommending,
directly to the public governmental body's governing board or its
Chief Administrative Officer, policy or policy revisions or expenditures
of public funds.
5.
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 pursuant to the
provisions of Chapters 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 or
ordinance-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 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.
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 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 (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 documents or study prepared
for a public governmental body by a consultant or other professional
service as described in this subdivision 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.
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. The provisions of
this Section shall only apply to messages sent to two (2) or more
members of that 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 to the exception of Section 610.021, RSMo.
For any public meeting where a vote of the Board of Aldermen
is required to implement a tax increase, or with respect to a retail
development project when the Board of Aldermen votes to utilize the
power of eminent domain, create a transportation development district
or a community improvement district, or approve a redevelopment plan
that pledges public funds as financing for the project or plan, the
Board of Aldermen, or any entity created by the City, shall give notice
conforming with all the requirements of Subsection (1) of Section
610.020, RSMo., at least four (4) days before such entity may vote
on such issues, exclusive of weekends and holidays when the facility
is closed; provided that this Section shall not apply to any votes
or discussion related to proposed ordinances which require a minimum
of two (2) separate readings on different days for their passage.
The provisions of Subsection (4) of Section 610.020, RSMo., shall
not apply to any matters that are subject to the provisions of this
Section. No vote shall occur until after a public meeting on the matter
at which parties in interest and citizens shall have an opportunity
to be heard. If the notice required under this Section is not properly
given, no vote on such issues shall be held until proper notice has
been provided under this Section. 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. For the purpose of this Section, a
tax increase shall not include the setting of the annual tax rates
provided for under Sections 67.110 and 137.055, RSMo.
[Ord. No. 3448, 5-4-2020]
A. The program shall be administered under the provisions set forth
in the State and Local Records Law, Chapter 109, RSMo., 1986, as amended;
including the Missouri Municipal Records Manual herewith adopted as
approved by the Missouri Local Records Board, January 1989, and as
may be amended from time to time by the Missouri Local Records Board.
1.
Definitions. For the purpose of this Chapter, the following
words and terms shall have the meanings respectively ascribed:
COUNSEL
The City Attorney for the City of Salem.
INACTIVE RECORDS
Those records no longer required in active office areas but
which require further retention due to legal, operating or historical
reasons.
PUBLIC RECORD
Any document, book, paper, photograph, map, sound recording
or other material, regardless of physical form or characteristics,
made or received pursuant to law or ordinance or in connection with
the transaction of official business by any officer or employee of
the City; however, public record shall not be construed to mean those
records which are deemed by law to be confidential or which are prohibited
from being inspected by the public or which shall hereinafter be exempt
from the provisions of this Article or from the provisions of the
State and Local Records Law. Library and museum material made or acquired
and preserved solely for reference or exhibition purposes, extra copies
of documents preserved only for convenience of reference and stocks
of publications and of processed documents are not included within
this definition and are hereinafter designated as "non-records" as
defined within Section 109.210(5), RSMo., as amended.
2.
Ownership Of Public Records. All public records shall be the
property of the City, and, in this regard, such records shall be delivered
by outgoing officials and employees to their successors.
3.
Duties Of Officers And Employees. It shall be the duty of each
officer and employee of the City to protect, store, transfer, destroy
or otherwise dispose of, use and manage public records only in accordance
with applicable Federal, State or local law.
4.
Duties Of Custodians.
a.
Custodian Of Records. It shall be the responsibility of the
custodian of records to administer the records management program
of the City. In this regard, the custodian of records shall:
(1) Develop and circulate such forms as may be necessary
to implement and maintain the records management program.
(2) Make available to all deputy custodians a copy
of the Missouri Municipal Records Manual.
(3) Approve destruction schedules before disposition
of public records and certify same to the Board of Aldermen to be
made a part of the journal.
b.
Deputy Custodians. It shall be the responsibility of the deputy
custodians to establish and maintain an active, continuing program
for the economical and efficient management of the records of their
departments and to review established records retention schedules
at least annually to ensure that they are complete and current.
5.
Records Review Board. The City Administrator, counsel and custodian
of records shall comprise a Records Review Board which shall review
retention and destruction schedules on records which are not enumerated
in the Missouri Municipal Records Manual and shall transmit recommendations
to the State and local records boards for their action. Further, the
Records Review Board shall perform such other duties as necessary
to ensure compliance with all applicable Federal, State and local
regulations.
6.
Destruction Of Records. The records classification and retention
periods in the Missouri Municipal Records Manual constitute legal
authority for retention and disposal of official records. The custodian
of records will review records status annually, and records exceeding
the minimum retention period listed in this manual are to be destroyed.
The retention schedule does not prescribe the method of destruction
(shredding, burning, landfills, etc.); however, record series with
a disposition of "destroy securely" contain confidential data. These
records should be destroyed under the supervision of a competent person(s)
designated (or appointed) to ensure that no records fall into unauthorized
hands and that the data cannot be reconstructed.
7.
Exception To The Records Retention Schedule. The Records Review
Board may elect to keep records longer than the schedule reflected
in the Missouri Municipal Records Manual upon a majority consensus
of the members.
8.
Disposition Of Records. The disposition of records should be
recorded in a document such as the minutes of the City Council or
other legally constituted authority that has permanent record status.
The record should include the description and quantity of each record
series disposed of, manner of destruction, inclusive dates covered
and the date on which destruction was accomplished.
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.
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 or ten (10) years after the
commission of the offense, whichever date earliest occurs.
3.
Finality of the convictions of all persons convicted on the
basis of the information contained in the investigative report, by
exhaustion of or expiration of all rights of appeal of such persons.
INCIDENT REPORT
A record of a law enforcement agency consisting of the date,
time, specific location, name of the victim, and immediate facts and
circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints maintained
by that agency.
INVESTIGATIVE REPORT
A record, other than an arrest or incident report, prepared
by personnel of a law enforcement agency inquiring into a crime or
suspected crime either in response to an incident report or in response
to evidence developed by Law Enforcement Officers in the course of
their duties.
Except 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
122.120. 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.