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
120.100 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 rule-making 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 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 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 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.
[R.O. 1992 §§ 150.040, 150.060, 150.070; Ord. No. 794 §I, 6-13-2013]
A. Records
Of Internal Investigations; Investigations Of Allegedly Illegal Conduct.
In order 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.
B. Records
Pertaining To Medical Condition Or History. 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.
C. Records
Containing Confidential, Proprietary Or Private Information.
1. In order 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, to the extent authorized
by law, 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:
a. Whether or not the requesting party has informed persons to whom
the requested information pertains of the request; and
b. All reasons why the requesting party believes disclosure by the City
of the specified information is in the public interest.
2. In addition to any other remedies available to the City provided
by law, 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, with the approval of the Board of Aldermen,
may also utilize the procedures for judicial determination and/or
opinion solicitation provided by law.
[R.O. 1992 § 150.080; Ord. No.
794 §I, 6-13-2013]
In case of doubt about the legality of closing a particular
meeting, record or vote, subject to approval by the Board of Aldermen,
the City or the custodian may bring suit in the Warren County Circuit
Court to ascertain the propriety of such action. In addition, subject
to approval by the Board of Aldermen, a City 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, any 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.
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.
[R.O. 1992 § 150.130; Ord. No.
794 §I, 6-13-2013]
A. All public governmental bodies of 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, 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 or other
prominent place which is easily accessible to the public and clearly
designated for that purpose at the principal office of the body holding
the meeting, or if no such office exists, at the building in which
the meeting is to be held.
B. 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.
C. Except as set forth in Subsection
(D), notice conforming with all of the requirements of Subsection
(A) of this Section shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when the facility 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. 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.
D. 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 governing body 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 City shall give notice conforming with all the requirements of Subsection
(A) 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
(B) shall not apply to any matters that are subject to the provisions of this Subsection. 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 Subsection is not properly given, no vote on such issues shall be held until proper notice has been provided under this Subsection. For the purpose of this Subsection, a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055 RSMo.
E. Any legal action challenging the notice requirements provided in
this Section shall be filed within thirty (30) days of the subject
meeting, or such meeting shall be deemed to have been properly noticed
and held.
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.
[R.O. 1992 § 150.020; Ord. No.
794 §I, 6-13-2013]
A. The City Clerk or his/her designee shall be the custodian of records
(referred to herein as the "custodian") and will be responsible for
maintenance and control of all records. The custodian may designate
deputy custodians in operating departments of the City and such other
departments or offices as the custodian may determine. Deputy custodians
shall conduct matters relating to public records and meetings in accord
with the policies enumerated herein. All requests for access to public
records must be made in writing and addressed to the custodian. To
maintain the integrity of official records and compliance with the
Missouri Sunshine Law, only the custodian is authorized to receive and respond
to requests subject to Missouri Sunshine Law requests on behalf of
the City.
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
business day following the date the request is received by the custodian.
If records are requested in a certain format, the City 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.
C. 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 no later than the
end of the third business day following the date that the request
for the statement is received.
D. It shall be unlawful for any person to remove original public records
from City Hall or other office of a City public governmental body
or the custodian without written permission of the custodian.
E. 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.
F. Drafts, non-final versions of documents and other work product shall
not constitute a public record unless as otherwise required by law.
Nothing in this Chapter shall be deemed to require retention of a
document not otherwise required by law to be retained.
G. If a public record contains material which is not exempt from disclosure
as well as material which is exempt from disclosure, the public governmental
body shall separate the exempt and nonexempt material and make the
nonexempt material available for examination and copying.
[R.O. 1992 § 150.090; Ord. No.
794 §I, 6-13-2013]
A. To the extent permitted by law, the custodian is authorized to impose
fees for the City's cost of document search, research and duplication
in complying with records requests. The maximum fees to be imposed
by the custodian shall be the maximum amount permitted by the Missouri
Sunshine Law, not to exceed the City's cost.
1.
Fees for copying public records, except those records restricted
under Section 32.091, RSMo., shall not exceed ten cents ($0.10) per
page for a paper copy not larger than nine (9) inches by fourteen
(14) inches, with the hourly fee for duplicating time not to exceed
the average hourly rate of pay for clerical staff of the public governmental
body. 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 public governmental body shall produce the copies
using employees of the body 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 public governmental body to provide an estimate of the cost to
the person requesting the records. Documents may be furnished without
charge or at a reduced charge when the public governmental body 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 public governmental body and is
not primarily in the commercial interest of the requester.
2.
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 for paper copies larger than nine (9) inches 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 public
governmental body required for making copies and programming, if necessary,
and the cost of the disk, 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. 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 cost of such programming.
B. The custodian may request and receive payment prior to duplicating
and/or searching for documents
[R.O. 1992 § 150.110; Ord. No.
794 §I, 6-13-2013]
A. No
person shall be entitled access to any closed record except as permitted
by this Section or as may be required by order of a court of competent
jurisdiction.
B. All
closed records shall be subject to inspection and access by the Mayor,
members of the Board of Aldermen, City Clerk, and City Attorney subject
to the following qualifications:
1. Lawfully closed records pertaining to the performance or conduct
of any of the above-listed individuals shall be further closed to
such individuals if the document identifies the individual and the
statutory basis for closure on its cover;
2. Medical records may be disclosed only as provided in Section
120.025(B);
3. No such person who has declared a conflict of interest preventing
that official from acting on the matter shall be entitled to access
the closed record where the record contains information that would
create a conflict of interest or an apparent conflict of interest;
4. Records otherwise specifically prohibited from disclosure by law
shall be disclosed only as permitted by such law;
5. Access to a specific document(s) may be established other than as
provided in this Section by an order supported by an affirmative vote
of a majority of the Board of Aldermen.
[R.O. 1992 § 150.120; Ord. No.
794 §I, 6-13-2013]
Every member of a City public governmental body or other officer
or employee of the City who attends a closed meeting of that public
governmental body, or who has been supplied with closed record(s),
either of which was closed pursuant to the exceptions to the Sunshine
Law contained in Section 610.021, RSMo. (pertaining to closed meetings
and records), has a duty to preserve the confidentiality of any and
all information discussed or disclosed in that closed meeting and/or
record. Any person found to have breached this duty may be excluded
from attending subsequent closed meetings, may be denied access to
closed records or may be otherwise reprimanded. A repeated violation
of this duty shall be considered an impeachable offense for an elected
official and grounds for removal or termination of any appointed official
or employee.
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.
MOBILE VIDEO RECORDER
Any system or device that captures visual signals that is
capable of installation and being installed in a vehicle or being
worn or carried by personnel of a law enforcement agency and that
includes, at minimum, a camera and recording capabilities.
MOBILE VIDEO RECORDING
Any data captured by a mobile video recorder, including audio,
video, and any metadata.
NON-PUBLIC LOCATION
A place where one would have a reasonable expectation of
privacy, including but not limited to a dwelling, school, or medical
facility.
Except as provided by this Section, any information acquired by the Police Department or a first responder agency 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
120.120. 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.