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
120.110 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.
[Ord. No. 1330 §1, 4-21-2014]
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
and in the Missouri Revised Statutes, 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 representatives 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 behalf of a public government body as its 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 moneys paid
by, or on behalf of, the public governmental body shall be disclosed;
provided, however, that 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, 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-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.
The State militia or National Guard or any part thereof;
5.
Nonjudicial mental or physical health proceedings involving
identifiable persons, including medical, psychiatric, psychological,
or alcoholism or drug dependency diagnosis or treatment;
6.
Scholastic probation, expulsion, or graduation of identifiable
individuals, including records of individual test or examination scores;
however, personally identifiable student records maintained by public
educational institutions shall be open for inspection by the parents,
guardian or other custodian of students under the age of eighteen
(18) years and by the parents, guardian or other custodian and the
student if the student is over the age of eighteen (18) years;
7.
Testing and examination materials, before the test or examination
is given or, if it is to be given again, before so given again;
8.
Welfare cases of identifiable individuals;
9.
Preparation, including any discussions or work product, on behalf
of a public governmental body or its representatives for negotiations
with employee groups;
10.
Software codes for electronic data processing and documentation
thereof;
11.
Specifications for competitive bidding, until either the specifications
are officially approved by the public governmental body or the specifications
are published for bid;
12.
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;
13.
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, and the names of private sources donating
or contributing money to the salary of a chancellor or president at
all public colleges and universities in the State of Missouri and
the amount of money contributed by the source;
14.
Records which are protected from disclosure by law;
15.
Meetings and public records relating to scientific and technological
innovations in which the owner has a proprietary interest;
16.
Records relating to municipal hotlines established for the reporting
of abuse and wrongdoing;
17.
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;
18.
Operational guidelines, policies and specific response plans
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. Financial records
related to the procurement of or expenditures relating to operational
guidelines, policies or plans 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 nondisclosure
outweighs the public interest in disclosure of the records;
19.
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 nonpublic 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 nondisclosure
outweighs the public interest in disclosure of the records;
c.
Records that are voluntarily submitted by a nonpublic 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 nonpublic governmental body
or destroyed;
20.
The portion of a record that identifies security systems or
access codes or authorization codes for security systems of real property;
21.
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 moneys paid by, or on behalf of, a public
governmental body for such computer, computer system, computer network,
or telecommunications network shall be open;
22.
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;
and
23.
Records submitted by an individual, corporation, or other business
entity to a public institution of higher education in connection with
a proposal to license intellectual property or perform sponsored research
and which contains sales projections or other business plan information,
the disclosure of which may endanger the competitiveness of a business.
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.
[Ord. No. 1517, 8-3-2020]
A. Purpose.
The purpose of this Section is to establish rules relative to conduct
by members of the public attending, the presence and use of signs
or other objects and materials, and/or addressing the legislative
or policy body meetings held by the City of Pevely, including meetings
of the Board of Aldermen and other City Boards, Commissions, and Committees.
This Section is intended to facilitate the conduct of public meetings
in an open and orderly manner, in an environment safe for all persons
in attendance and in such a manner so as to promote open debate of
public policy issues in an atmosphere of fairness, courtesy, and respect
for differing points of view.
B. Scope
Of Application. This Section applies to all persons attending public
meetings.
C. Regulations.
1. Public Meeting Decorum.
a. Persons in the audience will refrain from behavior which will disrupt
the public meeting. This will include making loud noises, clapping,
shouting, booing, hissing, or engaging in any other activity in a
manner that disturbs, disrupts, or impedes the orderly conduct of
the meeting.
b. Persons in the audience will refrain from creating, provoking, or
participating in any type of disturbance involving unwelcome physical
contact.
c. Persons in the audience will refrain from using cellular phones while
the meeting is in session.
d. Appropriate attire, including shoes and shirts, is required in the
board room and conference rooms at all times.
e. Persons in the audience will not place their feet on the seats in
front of them or otherwise block access aisles. Persons will not stand
in front of or otherwise block doors and hallways necessary for ingress
and egress.
f. All persons entering the board room and conference rooms, including
their bags, purses, briefcases, and similar belongings, may be subject
to search for weapons and other dangerous materials.
g. Alcoholic beverages are prohibited.
2. Signs, Objects, Or Symbolic Material.
a. Objects and symbolic materials, such as signs or banners, will be
allowed in the board room and conference rooms, with the following
restrictions:
(1)
No objects will be larger than eighteen (18) inches by eighteen
(18) inches.
(2)
No sticks, posts, poles, or other such items will be attached
to signs or other symbolic materials.
(3)
The items cannot create a building maintenance problem or a
fire or safety hazard.
(4)
Materials to be utilized by presenters for a scheduled agenda
item may exceed size restrictions if necessary for the presentation
and upon prior approval of the Chair.
b. Persons with objects and symbolic materials such as signs must remain
seated when displaying them and must not raise the items above shoulder
level, obstruct the view or passage of other attendees, or otherwise
disturb the business of the meeting.
c. Objects that are deemed a threat to persons at the meeting or the
facility infrastructure are not allowed. City staff is authorized
to remove items and/or individuals from the board room and conference
rooms if a threat exists or is perceived to exist. Prohibited items,
include, but are not limited to: firearms (including replicas and
antiques), toy guns, explosive material, and ammunition; knives and
other edged weapons; illegal drugs and drug paraphernalia; laser pointers,
scissors, razors, scalpels, box cutting knives, and other cutting
tools; letter openers, corkscrews, can openers with points, knitting
needles, and hooks; hairspray, pepper spray, and aerosol containers;
tools; glass containers; and large backpacks and suitcases that contain
items unrelated to the meeting.
3. Addressing The Board Of Aldermen, Other Boards, Commissions, And
Committees.
a. Persons wishing to address the Board of Aldermen or other City Boards,
Commissions, or Committees on any matter must sign in with your name
and address at the podium. The sign in sheet will be collected prior
to the start of the meeting, and names will be read in order for comments.
b. If you are able, please make your comments from the podium at the
front of the room. If you are unable to do so, you may address the
Board of Aldermen, Board, Commission, or Committee from your seat;
however, please speak loudly so that you can be heard.
c. Provide your name and address at the beginning of your remarks for
the formal record.
d. Meeting attendees are usually given three (3) minutes to speak during
the public comments or public hearings sections; the time limit is
in the discretion of the Chair of the meeting and may be limited when
appropriate. Applicants and appellants in land use matters are usually
given more time to speak.
e. During public hearings, the speakers should only discuss topics related
to the public hearing on the agenda.
f. Speakers' comments should be addressed to the full body. Requests
to engage the Mayor, individual Aldermen, individual Board, Committee,
or Commission members, or City Staff in conversation will not be honored.
Obscene language and language that is intended to provoke a hostile
or violent reaction will not be tolerated.
g. Speakers will not bring to the podium any items other than a prepared
written statement, writing materials, or objects that are relevant
to the presentation.
h. If an individual wishes to submit written information, he or she
may give it to the City Clerk or other administrative staff at the
meeting.
i. Speakers and any other members of the public will not approach the
dais at any time without prior consent from the Chair of the meeting.
D. Violations
of these provisions or other conduct which disturbs, disrupts, or
impedes the orderly conduct of the meeting may result in removal from
the meeting and may be subject to the penalty for ordinance violations
set forth in this Code.
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. 1180 §§1 — 5, 11-3-2008; Ord. No. 1330 §4, 4-21-2014]
A. The City Clerk shall be the custodian of the City's records
and will be responsible for maintenance and control of all City records.
The City Clerk may designate deputy custodians in operating departments
of the City and such other departments or offices as he or she may
determine. Deputy custodians shall conduct matters relating to public
records and meetings in accordance with the policies enumerated herein.
B. The City shall make its public records available for inspection and
copying by the public, unless otherwise provided by law. No person
shall remove original public records from the office of a public governmental
body without written permission of the City Clerk. No public governmental
body shall, after August 28, 1998, 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.
C. All requests for access to the City's records, including those
from City officials and employees, shall be directed to the City Clerk
as the custodian of records. Persons seeking records from a specific
department or division of the City over which there is a deputy custodian
of records must nevertheless direct their request to the City Clerk
who will coordinate with the deputy custodian for the production of
those records. Any official or employee of the City who receives a
records request shall inform the person that his or her request should
be made to the City Clerk.
D. The City Clerk shall require persons seeking access to public records to submit such request on a form designated for that purpose. The City Clerk shall fill out the request form on behalf of the requester if an oral request is received. All requests shall be sufficiently particular to reasonably apprise the custodian of the records sought. Any request received by the City Clerk shall be initialed by the Clerk or his/her designee, with the date and time of receipt noted. A copy of the written request form shall be attached to the response. Persons requesting only access to inspect records as opposed to copies of records will be subject to supervision during inspection to ensure that no record is removed from the City files or altered from its original form. Any City official or employee who is granted access to or obtains copies of public records that contain closed, confidential, proprietary or private information is subject to the confidentiality provisions set forth in Section
120.190.
E. 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 City
Clerk. If records are requested in a certain format, the public body
shall provide the records in the requested format, if such format
is available. If access to the public record is not granted immediately,
the City Clerk 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.
F. If a request for access is denied, the City Clerk 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.
G. The fees to be charged for access to or furnishing copies of records
shall be in compliance with Section 610.026, RSMo.
H. The City shall comply with Sections 610.010 to 610.030, RSMo., the
Sunshine Law, as now existing or hereinafter amended.
I. It is the public policy of the City that meetings, records, votes,
actions and deliberations of this body shall be open to the public
unless otherwise provided by law.
[Ord. No. 1406 §§1 —
2, 6-20-2016]
A. City Records.
1.
The records of the City shall be classified and retained in
accordance with State law, and the latest edition of the Missouri
Municipal Records Manual of the State records management and archives
service, which is hereby incorporated in this Section as if set out
at length herein.
2.
The City Clerk is hereby authorized to destroy records as set
forth in the Missouri Municipal Records Manual. (State and Local Records
Law, RSMo., Section 109.200 et seq.)
B. Police Records.
1.
The records of the City shall be classified and retained in
accordance with State law, and the latest edition of the Missouri
Police Clerk Records Retention Schedule Manual of the State records
management and archives service, which is hereby incorporated in this
Section as if set out at length herein.
2.
The Police Clerk is hereby authorized to destroy records as
set forth in the Missouri Police Clerk Records Retention Schedule
Manual. (State and Local Records Law, RSMo., Section 109.200 et seq.)