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 in
accord with the cost schedule established by this Article, 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 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, 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 and presented to the
public governmental body by a consultant or other professional service
paid for in whole or in part by public funds. 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.
PUBLIC VOTE
Any vote cast at any public meeting of any public governmental
body.
[Ord. No. 2004.20 §1, 8-9-2004]
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 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. Lease,
purchase or sale of real estate by a public governmental body where
public knowledge of the transaction might adversely affect the legal
consideration therefore. However, any vote or public record approving
a contract relating to the lease, purchase or sale of real estate
by a public governmental body shall be made public within seventy-two
(72) hours after execution of the lease, purchase or sale of the real
estate.
3. Hiring,
firing, disciplining or promoting an employee of a public governmental
body. 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
with a record of how each member voted 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. 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 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
that 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. Confidential
or privileged communications between a public governmental body and
its auditor, including all auditor work product.
15. 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 sunset on December 31, 2008.
16. 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.
Records related to the procurement of or expenditures relating
to security systems purchased with public funds shall be open.
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.
Records that are voluntarily submitted by a non-public entity
shall be reviewed within ninety (90) days of submission to determine
if retention of the document is necessary in furtherance of a security
interest. If retention is not necessary, the documents shall be returned
to the non-public governmental body or destroyed.
17. Records
that identify the configuration of components or the operation of
a computer, computer system, computer network or 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 commuter,
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.
18. 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.
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.
[Ord. No. 2004.20 §2, 8-9-2004]
All records that may be closed hereby are deemed closed records
unless the governmental body votes to make them public. Before closing
a meeting to the public, a majority of a quorum of the governmental
body must vote to do so in a public vote. The vote of each member
of the governmental body on the question of closing the meeting or
vote and the reason for closing the meeting by reference to a specific
exception shall be announced at a public meeting and entered into
the minutes.
[Ord. No. 2004.20 §§3
— 4, 6, 8-9-2004]
A. The governmental body shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception. The notice shall be the same as in Subsection
(B). No other business may be discussed in a closed meeting that does not directly relate to the specific reason announced to close the meeting to the public. Public governmental bodies holding a closed meeting must close only an existing portion of the meeting facility necessary to house the members of the public governmental body in the close session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session.
B. The governmental
body shall give notice of the time, date, place and tentative agenda
of each meeting. The notice shall be placed on the appropriate bulletin
board at City Hall at least twenty-four (24) hours, exclusive of weekends
and holidays, prior to the meeting. If an emergency makes it impossible
to give twenty-four (24) hours' notice, the reason must be reflected
in the minutes. Notice also shall be given to any representative of
the new media who requests notice of a particular meeting.
C. A formally
constituted subunit of a parent governmental body may conduct a meeting
without notice 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.
[Ord. No. 2004.20 §7, 8-9-2004]
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 conducted without permission of the public
body; any person who violates this provision shall be guilty of a
Class C misdemeanor under State law.
[Ord. No. 2004.20 §8, 8-9-2004]
Any member of a public governmental body who transmits any message
relating to the 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 copies. Any such message received by the
custodian or at the member's office computer shall be a public record
subject to the exceptions above.
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. 2004.20 §5, 8-9-2004]
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.
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.
A public governmental body or record custodian in doubt about
the legality of closing a particular meeting, record or vote may,
subject to approval by the Board of Aldermen, bring suit at the expense
of the public governmental body, in the Circuit Court for the County
of St. Francois to ascertain the propriety of such action. In addition,
subject to approval by the Board of Aldermen, 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. 2004.20 §9, 8-9-2004]
A. The City
Clerk shall be the custodian of records and will be responsible for
maintenance and control of all records. The custodian shall provide
public access to all public records as soon as possible but no later
than the third (3rd) business day following the date the request is
received by the custodian. If additional delay is necessary, the custodian
shall give an explanation for the delay and the date the record will
be available for inspection.
B. 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 (3rd) business day following the date the request for the statement
is received.
C. The custodian
may designate a deputy custodian of records 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.
[Ord. No. 2004.20 §9, 8-9-2004]
A. The custodian
shall charge ten cents ($.10) per page, ten dollars ($10.00) per hour
for duplicating time (not to exceed average hourly rate for clerical
staff) and the actual cost of research time. The custodian shall receive
(or may require) payment prior to duplicating copies.
B. 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) 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 a 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 costs of such programming.
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.
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 and except as provided in Section
120.170. 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
120.170.
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
120.150. 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.