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
160.100 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 Councilmembers.
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.
[Ord. No. 2019-21, 4-22-2019]
A. All meetings, records and votes are open to the public, except that
any meeting, record or vote relating to one (1) or more of the following
matters, as well as other materials designated elsewhere in this Chapter,
shall be closed unless the public governmental body votes to make
them public:
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 representative and its attorneys.
However, any minutes, vote or settlement agreement relating to legal
actions, causes of action or litigation involving a public governmental
body or any agent or entity representing its interests or acting on
its behalf or with its authority, including any insurance company
acting on the behalf of a public governmental body as it insured,
shall be made public upon final disposition of the matter voted upon
or upon the signing by the parties of the settlement agreement, unless,
prior to final disposition, the settlement agreement is ordered closed
by a court after a written finding that the adverse impact to a plaintiff
or plaintiffs to the action clearly outweighs the public policy considerations
of Section 610.011, RSMo., however, the amount of any monies paid
by, or on behalf of, the public governmental body shall be disclosed;
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 shall be made
available with a record of how each member voted 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.
Non-judicial mental or physical health proceedings involving
an identifiable person, 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 giving 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 bids are opened;
and sealed proposals and related documents or any documents related
to a negotiated contract until a contract is executed, or all proposals
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.
14.
Records relating to municipal hotlines established for the reporting
of abuse and wrongdoing.
15.
Confidential or privileged communications between a public governmental
body and its auditor, including all auditor work product; however,
all final audit reports issued by the auditor are to be considered
open records pursuant to this Chapter.
16.
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.
17.
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.
a.
Records related to the procurement of or expenditures relating
to security systems purchased with public funds shall be open.
b.
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.
c.
Records that are voluntarily submitted by a non-public entity
shall be reviewed by the receiving agency within ninety (90) days
of submission to determine if retention of the document is necessary
in furtherance of a State security interest. If retention is not necessary
the documents shall be returned to the non-public governmental body
or destroyed.
18.
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 computer,
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.
19.
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 transitions
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.
20.
The portion of a record that identifies security systems or
access codes or authorization codes for security systems of real property.
21.
Records relating to foster home or kinship placements of children
in foster care under Section 210.498, RSMo.
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 City Council is required
to implement a tax increase, or with respect to a retail development
project when the City Council 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 Council,
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.
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. 2019-22, 4-22-2019]
Notwithstanding any other provisions of law to the contrary,
information in law enforcement agency records that would enable the
provision of health care to a person in contact with law enforcement
may be released for the purpose of health care coordination to any
health care provider, as defined in the Health Insurance Portability
and Accountability Act of 1996 as amended, that is providing or may
provide services to the person.
[Ord. No. 2017-18 § 1, 4-10-2017]
For purposes of 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 for 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 first 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 a minimum, a camera and recording capabilities.
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.
[Ord. No. 2017-19 § 1, 4-10-2017]
A. The Police Department of the City shall maintain records of all incidents reported to the Police Department and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than provisions set forth in this Chapter or Section 320.083, RSMo., mobile video recordings and investigative reports of the Police Department are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in Section
160.140.
B. Except as provided in this Chapter, a mobile video recording that
is recorded in a non-public location is authorized to be closed, except
that any person who is depicted in the recording or whose voice is
in the recording, a legal guardian or parent of such person if he
or she is a minor, a family member of such person within the first
degree of consanguinity if he or she is deceased or incompetent, an
attorney for such person or insurer of such person, upon written request
may obtain a complete, unaltered and unedited copy of a recording
under and pursuant to this Section.
C. Except as provided in Subsections
(D),
(E), and
(F) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Chapter.
D. Any person, a family member of such person within the first degree of consanguinity of such person if deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section
160.140 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, his/her attorney or insurer involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident and may obtain access to other records closed by the Police Department pursuant to this Section. Within thirty (30) days of such request, the Police Department shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction of the Police Department stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. Pursuant to Section 610.111(4), RSMo., if, based on such motion, the court finds for the Police Department, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this Subsection.
E. Any person may bring an action pursuant to this Section in the circuit
court having jurisdiction to authorize disclosure of a mobile video
recording or the information contained in an investigative report
of any law enforcement agency, which would otherwise be closed pursuant
to this Section. The court may order that all or part of a mobile
video recording or the information contained in an investigative report
be released to the person bringing the action.
1.
In making the determination as to whether information contained
in an investigative report shall be disclosed, the court shall consider
whether the benefit to the person bringing the action or to the public
outweighs any harm to the public, to the law enforcement agency or
any of its officers, or to any person identified in the investigative
report in regard to the need for law enforcement agencies to effectively
investigate and prosecute criminal activity.
2.
In making the determination as to whether a mobile video recording
shall be disclosed, the court shall consider:
a.
Whether the benefit to the person bringing the action or the
benefit to the public outweighs any harm to the public, to the law
enforcement agency or any of its officers, or to any person identified
in the mobile video recording in regard and with respect to the need
for law enforcement agencies to effectively investigate and prosecute
criminal activity;
b.
Whether the mobile video recording contains information that
is reasonably likely to disclose private matters in which the public
has no legitimate concern;
c.
Whether the mobile video recording is reasonably likely to bring
shame or humiliation to a person of ordinary sensibilities;
d.
Whether the mobile video recording was taken in a place where
a person recorded or depicted has a reasonable expectation of privacy.
3.
The mobile video recording or investigative report in question
may be examined by the court in camera.
4.
If the disclosure is authorized in whole or in part, the court
may make any order that justice requires, including one or more of
the following:
a.
That the mobile video recording or investigative report may
be disclosed only on specified terms and conditions, including a designated
time or place;
b.
That the mobile video recording or investigative report may
be had only by a method of disclosure other than that selected by
the party seeking such disclosure and may be disclosed to the person
making the request in a different manner or form as requested;
c.
That the scope of the request be limited to certain matters;
d.
That the disclosure occur with no one present except persons
designated by the court;
e.
That the mobile video recording or investigative report be redacted
to exclude, for example, personally identifiable features or other
sensitive information;
f.
That a trade secret or other confidential research, development,
or commercial information not be disclosed or be disclosed only in
a designated way.
5.
The court may find that the party seeking disclosure of the
mobile video recording or the investigative report shall bear the
reasonable and necessary costs and attorneys' fees of both parties,
unless the court finds that the decision of the law enforcement agency
not to open the mobile video recording or investigative report was
substantially unjustified under all relevant circumstances, and, in
that event, the court may assess such reasonable and necessary costs
and attorneys' fees to the law enforcement agency.
F. Any person may apply pursuant to this Subsection to the circuit court
having jurisdiction for an order requiring a law enforcement agency
to open incident reports and arrest reports being unlawfully closed
pursuant to this Section. If the court finds by a preponderance of
the evidence that the Law Enforcement Officer or agency has knowingly
violated this Section, the officer or agency shall be subject to a
civil penalty in an amount of up to one thousand dollars ($1,000.00).
If the court finds that there is a knowing violation of this Section,
the court may order payment by such officer or agency of all costs
and attorneys' fees as provided by Section 610.027, RSMo. If
the court finds by a preponderance of the evidence that the Law Enforcement
Officer or agency has purposely violated this Section, the officer
or agency shall be subject to a civil penalty in an amount of up to
five thousand dollars ($5,000.00), and the court shall order payment
by such officer or agency of all costs and attorney fees, as provided
in Section 610.027, RSMo. The court shall determine the amount of
the penalty by taking into account the size of the jurisdiction, the
seriousness of the offense and whether the Law Enforcement Officer
or agency has violated this Section previously.
G. The victim of an offense as provided in Chapter 566, RSMo., may request
that his/her identity be kept confidential until a charge relating
to such incident is filed.
H. Any person who requests and receives a mobile video recording that
was recorded in a non-public location under and pursuant to this Section
is prohibited from displaying or disclosing the mobile video recording,
including any description or account of any or all of the mobile video
recording without first providing direct third-party notice to each
person not affiliated with a law enforcement agency or each non-law
enforcement agency individual whose image or sound is contained in
the recording, and affording, upon receiving such notice, each person
appearing and whose image or sound is contained in the mobile video
recording no less than ten (10) days to file and serve an action seeking
an order from a court of competent jurisdiction to enjoin all or some
of the intended display, disclosure, description, or account of the
recording. Any person who fails to comply with the provisions of this
Section is subject to damages in a civil action proceeding.
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
160.120. 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.
[Ord. No. 2017-20 § 1, 4-10-2017]
A. Crime scene photographs and video recordings, including photographs
and video recordings created or produced by a State or local agency
or by a perpetrator or suspect at a crime scene, which depict or describe
a deceased person in a state of dismemberment, decapitation, or similar
mutilation, including, without limitation, where the deceased person's
genitalia are exposed, shall be considered closed records and shall
not be subject to disclosure under the provisions of this Chapter;
provided, however, that this Section shall not prohibit disclosure
of such material to the deceased's next of kin or to an individual
who has secured a written release from the next of kin. It shall be
the responsibility of the next of kin to show proof of the familial
relationship. For purposes of such access, the deceased's next
of kin shall be:
1.
The spouse of the deceased, if living;
2.
If there is no living spouse of the deceased, an adult child
of the deceased; or
3.
If there is no living spouse or adult child, a parent of the
deceased.
B. Subject to the provisions of Subsection
(C) of this Section, in the case of closed criminal investigations, a circuit court judge may order the disclosure of such photographs or video recordings upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person's next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance, the seriousness of the intrusion into the family's right to privacy, and whether such disclosure is the least intrusive means available considering the availability of similar information in other public records. In any such action, the court shall review the photographs or video recordings in question in camera with the custodian of the crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties.
C. Prior to releasing any crime scene material described in Subsection
(A) of this Section, the custodian of such material shall give the deceased person's next of kin at least two (2) weeks' notice. No court shall order a disclosure under Subsection
(B) of this Section which would disregard or shorten the duration of such notice requirement.
D. The provisions of this Section shall apply to all undisclosed material
which is in the custody of the law enforcement agency on August 28,
2016, and to any such material which comes into custody of the law
enforcement agency after such date.
E. The provisions of this Section shall not apply to disclosure of crime
scene material to counsel representing a convicted defendant in a
habeas corpus action, on a motion for new trial, or in a Federal habeas
corpus action under 28 U.S.C. § 2254 or 2255 for the purpose
of preparing to file or litigating such proceedings. Counsel may disclose
such materials to his or her client and any expert or investigator
assisting counsel but shall not otherwise disseminate such materials,
except to the extent they may be necessary exhibits in court proceedings.
A request under this Subsection shall clearly state that such request
is being made for the purpose of preparing to file and litigate proceedings
enumerated in this Subsection.