Editor's Note — Ord. No. 1764 §1, adopted January
17, 2013, repealed ch. 150 and enacted new provisions set out herein.
Former ch. 150 derived from ord. no. 1384 §1, 9-22-1998; ord.
no. 1534 §§1 — 7, 8-4-2004.
[Ord. No. 1764 §1, 1-17-2013]
As used in this Chapter, unless the context otherwise indicates,
the following terms mean:
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.
A record of a Law Enforcement Agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
The City of Rock Hill, including its Board of Aldermen and
its public governmental bodies.
Any meeting, record or vote closed to the public.
If requested by a member of the public, copies provided as detailed in Section 150.110 of this Chapter.
An investigation in which no further action will be taken
by a Law Enforcement Agency or officer for any of the following reasons:
A decision by the Law Enforcement Agency not to pursue the case.
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.
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.
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.
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.
All matters that relate in any way to performance of the
City's functions or the conduct of its business.
Any municipal legislative, administrative, or governmental
entity of the City created by the Missouri Constitution or Statutes,
or the orders or ordinances of the City, and municipal judicial entities,
when operating in an administrative capacity and when subject to this
law, including:
Any advisory committee or commission appointed by the Board
of Aldermen;
Any department or division of the City;
Any other public governmental body under the direction of three
(3) or more elected or appointed officials having rulemaking or quasi-judicial
power;
Any committee appointed by or at the direction of any City public
governmental body and which is authorized to report to the City Administrator
or any City public governmental body, and any advisory committee appointed
by or at the direction of such a body for the specific purpose of
recommending to the City Administrator or the Board of Aldermen on
matters of policy, policy revisions, or expenditures of public funds;
and
Any quasi-public governmental body.
Any meeting of any City public governmental body 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 to conduct
public business.
Any record, whether written or electronically stored, retained
by or of any of the City's public governmental bodies, including any
report, survey, memorandum, or other document or study prepared 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 or on behalf of a public governmental
body.
The term "public record" shall not include
any personal notes, recordings, internal memoranda, or correspondence
received or prepared by or on behalf of a member of a City public
governmental body consisting of advice, opinions, recommendations,
thoughts, or preparations made in connection with or for the purpose
of the member's participation in or engagement with the deliberative
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 the City by a consultant
or other professional service as described in this Subdivision shall
be retained by the City in the same manner as any other public record.
Any member of a public governmental body who transmits any message
relating to public business by electronic means to another member
of that same body, such that when counting the sender a majority of
the body's members are privy to the communication, shall also concurrently
transmit that message to the custodian of records in the same format.
Any such message shall be a public record, subject to the exceptions
permitted by this Chapter or the requirements of other law.
Any vote, whether conducted in person, by telephone, or by
any other electronic means, cast at any public meeting by any City
public governmental body.
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., and any unincorporated association that either:
Has as its primary purpose contracting with the City or engaging
in activities carried out pursuant to contracts with the City; or
Performs a public function, as evidenced by Statute or ordinance,
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.
[Ord. No. 1764 §1, 1-17-2013]
It is the policy of this City that all meetings, records, votes,
actions, and deliberations of the Board of Aldermen and its public
governmental bodies shall be open to the public unless otherwise provided
by Missouri Statute or this Chapter. This Chapter shall be liberally
construed, and its exceptions strictly construed, to promote this
policy.
[Ord. No. 1764 §1, 1-17-2013]
A.
Each
public 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.
B.
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. The notice shall be posted
at least twenty-four (24) hours, exclusive of weekends and holidays
when City Hall is closed, prior to the commencement of a public meeting,
unless for good cause such notice is impossible or impractical, in
which case as much notice as is reasonably possible shall be given.
The notice shall be posted on the City's website and on a bulletin
board at City Hall and such other prominent place(s) so that the notice
is easily accessible to the public. The City shall also make a copy
of notices available to any representative of the news media on request,
at the same time as the notice is made available to the members of
the body and posted as provided herein.
C.
If
a public 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 the body plans to meet
by Internet chat, Internet message board, or other computer link,
it shall include in its posted notice, information as to how the public
may access that meeting.
D.
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.
E.
The
City shall provide for and permit the recording of any open meeting
by audiotape, videotape, or other electronic means. The City may establish
guidelines regarding the manner in which recording by a private person
is conducted, so as to minimize disruption to the meeting.
F.
A formally
constituted subunit of a public 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,
provided that 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.
G.
For
any public meeting when a vote is required to
1.
Implement a tax increase,
2.
Authorize the power of eminent domain in conjunction with a retail
development project,
3.
Create a transportation development district or a community improvement
district; or
4.
Approve a redevelopment plan that pledges public funds as financing
for the project or plan:
a.
The City shall give notice conforming with all the requirements of
this Chapter at least four (4) days, exclusive of weekends and holidays
when City Hall is closed, before such vote may be taken, but this
requirement shall not apply to any votes related to proposed ordinances
that require a minimum of two (2) separate readings on different days
for their passage.
b.
In the absence of a requirement of two (2) separate readings, no
vote shall occur on any of the noted matters until the four (4) day
notice has been provided and all interested parties and citizens shall
have had an opportunity to be heard on the matter at a public meeting.
d.
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.
[Ord. No. 1764 §1, 1-17-2013]
A.
All
public meetings shall be open to the public and public votes and public
records shall be open to the public for inspection and duplication.
Any votes taken during a closed meeting shall be taken by roll call
and not open to the public unless otherwise provided herein.
B.
All
votes taken by roll call in meetings of the City consisting of members
who are elected shall be cast by members who are physically present
and in attendance at the meeting. If it is necessary or desirable
to take votes by roll call and, due to an emergency of the public
body, a quorum of the members are physically present and less than
a quorum are participating via telephone, facsimile, Internet, or
any other voice or electronic means, the votes taken shall be regarded
as if all members were physically present and in attendance at the
meeting, but the nature of the emergency shall be stated in the minutes.
C.
The
City shall take and retain minutes of all meetings, both public and
closed. The minutes shall include the date, time, place, members present,
members absent, and a record of the votes taken. When a roll call
vote is taken, the minutes shall attribute each "yea" and "nay" vote,
or abstinence if not voting, to the name of the individual member
of the public governmental body.
[Ord. No. 1764 §1, 1-17-2013]
A.
The
City may hold a closed meeting or vote by either:
1.
Giving notice of same pursuant to the provisions of this Chapter, specifying the exception(s) permitting such closure under Section 150.060; or
2.
On motion duly made and adopted at a public meeting, in which case
the vote of each member of the body on the question of closing the
meeting or vote, and the specific exception for permitting such closure,
shall be announced publicly and entered into the minutes.
B.
Any
meeting or vote so closed shall be closed only to the extent necessary
for the specific reason(s) announced to justify the closed meeting
or vote, and any discussion that does not directly relate to the specific
reason announced to justify the closed meeting or vote is prohibited.
C.
The
closure of any meeting shall result in the closure only of an existing
portion of the meeting facility necessary to house the members of
the public governmental body in the closed session, allowing members
of the public to remain to attend any subsequent open session held
by the body following the closed session.
D.
If
a member of a public governmental body moves to close a meeting, record,
or a vote and another member believes that such motion, if passed,
would result in the violation of any provision of this Chapter or
of Chapter 610, RSMo., such member shall state his/her objection at
or before the vote is taken. Any such objection shall be entered in
the minutes of the meeting, and the objecting member shall be allowed
to fully participate in any meeting, record, or vote that is closed
over the member's objection. If the objecting member also voted in
opposition to the motion to close, the objection and vote of the member
as entered in the minutes shall be an absolute defense to any claim
filed against the objecting member pursuant to Chapter 610, RSMo.
E.
No
audio recording of any meeting, record, or vote closed pursuant to
this Chapter shall be permitted without permission of the public body.
[Ord. No. 1764 §1, 1-17-2013]
A.
Except
to the extent disclosure is required by law, meetings, records, and
votes 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 Board of Aldermen authorizes them to be made public:
1.
Legal actions, causes of action, or litigation involving the City,
and any confidential or privileged communications between the City
and its attorneys. However, any minutes, vote, or settlement agreement
relating to legal actions, causes of action, or litigation involving
the City (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 the City 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 this Chapter. However, (a) the amount of any monies paid by or
on behalf of the City in any settlement shall be disclosed, and (b)
in matters involving the exercise of the power of eminent domain,
the vote to authorize such a legal action shall be announced or become
public immediately following the City's action on the motion. Legal
work product shall also be a closed record.
2.
Leasing, purchase or sale of real estate by the City 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 the City 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 the City, when information relating to the performance or merit
of the employee is discussed or recorded, including all files, records,
reports, and documents relating to the investigation of allegations
of misconduct or criminal activity by City employees. However, any
vote on a final decision to hire, fire, promote, or discipline an
employee shall 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 at which such action occurs. Any employee so affected shall
be entitled to prompt notice of the decision within the seventy-two
(72) hour period before the decision is publicly available.
4.
Non-judicial mental or physical health records or proceedings involving
an identifiable person, including records or information pertaining
to medical, psychiatric, or psychological examinations, conditions,
or treatment or alcoholism or drug dependency diagnosis or treatment.
If retained by the City, such records shall be maintained on separate
forms and in separate medical personnel files and shall be closed
and confidential records, except that:
a.
Supervisors and administrators may be informed regarding necessary
restrictions on the work duties of employees and necessary accommodations;
b.
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
c.
Government officials investigating compliance with State or Federal
law pertaining to treatment of persons with disabilities may be allowed
access to such records.
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 the City 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 approved by City 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, past or present, or applicants
for employment, except the names, positions, salaries, and lengths
of service of officers and employees of the City, past or present,
shall be public. Closed information under this paragraph may be released
at the written and verified request of the employee or in response
to a subpoena lawfully issued by a court of competent jurisdiction.
12.
Records that are prohibited or protected from disclosure by
law, including but not limited to tax records made confidential by
State or Federal law, information received from executive agencies
pursuant to Section 610.032, RSMo., and records of ownership of a
firearm or applications for ownership, licensing, certification, permitting,
or an endorsement that allows a person to own, acquire, possess, or
carry a firearm as provided in Section 571.011, RSMo., information
regarding any holder of a concealed carry permit or a concealed carry
endorsement issued prior to August 28, 2013, as provided in Section
571.037 RSMo.
[Ord. No. 1806 §1, 7-15-2014]
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 the City 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, policies and specific response plans
developed, adopted, or maintained by the City 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. The City states that the disclosure of such information
would impair the City's ability to protect the security or safety
of persons or real property, and the public interest in non-disclosure
outweighs the public interest in disclosure of such records. Financial
records related to the procurement of or expenditures relating to
operational guidelines, policies or plans purchased with public funds
shall be open.
[Ord. No. 1806 §1, 7-15-2014]
17.
Existing or proposed security systems and structural plans of
real property owned or leased by the City, and information that is
voluntarily submitted by a non-public entity owning or operating an
infrastructure to the City for use to devise plans for protection
of that infrastructure, the public disclosure of which would threaten
public safety:
[Ord. No. 1806 §1, 7-15-2014]
a.
Records related to the procurement of or expenditures relating
to security systems purchased with public funds shall be open.
b.
The City states that disclosure of such closed records would
impair its ability to protect the security or safety of persons or
real property, and states 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 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.
The portion of a record that identifies security systems or
access codes or authorization codes for security systems of real property.
[Ord. No. 1806 §1, 7-15-2014]
19.
Records that identify the configuration of components or the
operation of a City computer, computer system, computer network, or
telecommunications network that might allow unauthorized access to
or the unlawful disruption of same. This exception shall not apply
to public records retained in a file, document, data file, or database.
Records, including the amount of monies paid by or on behalf of the
City, related to the procurement of or expenditures relating to a
City computer, computer system, computer network, or telecommunications
network shall be open.
[Ord. No. 1806 §1, 7-15-2014]
20.
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 the City and a person or entity doing business with the City,
except that the record of (i) a person or entity using a credit card
held in the name of the City or (ii) a transaction made by a person
using a credit card or other method of payment for which reimbursement
is made by the City shall be open.
[Ord. No. 1806 §1, 7-15-2014]
21.
The Social Security number of a living person, unless disclosure:
(i) is permitted or required by Federal law, Federal regulation, or
State law, (ii) is authorized by the holder of that Social Security
number, or (iii) is for use in connection with any civil, criminal,
administrative or arbitral proceeding in any Federal, State, or local
court or agency or before any self-regulatory body, including the
service of process, an investigation in anticipation of litigation,
the execution or enforcement of judgments and orders, or pursuant
to an order of a Federal, State, or local court. Notwithstanding any
other provision of law to the contrary, the disclosure of Social Security
numbers of deceased persons shall be lawful, provided that the City
knows of no reason why such disclosure would prove detrimental to
the deceased individual's estate or harmful to the deceased individual's
living relatives.
[Ord. No. 1806 §1, 7-15-2014]
[Ord. No. 1764 §1, 1-17-2013]
A.
The
City Clerk shall be the custodian of records and will be responsible
for maintenance and control of all records. The City Clerk may designate
deputy custodians in any City department. Deputy custodians shall
conduct matters relating to public records and meetings in accord
with this Chapter.
B.
Except
as otherwise provided by law, the City shall provide access to and,
upon request, furnish copies of the City's public records. No person
shall remove original public records from City Hall or from the office
of the custodian without written permission of the custodian. 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.
C.
A request
for access to public records shall be sufficiently particular to reasonably
apprise the custodian of the records sought. The custodian may require
persons seeking access to public records to submit the request in
writing or on a form designated by the custodian for such purpose.
If records are requested in a certain format, the custodian shall
provide the records in the requested format, if such format is available.
D.
If
a public record contains closed information, the custodian shall either
separate the material and make only the non-exempt material available
for examination and copying or shall redact closed information from
the copy of any public record. The custodian shall generally describe
to the requester the information separated or redacted unless that
description would reveal the contents of the closed information.
E.
Each
request for access to a public record shall be acted upon as soon
as possible, and no later than the end of the third (3rd) business
day following the date the request is received by the custodian.
1.
This period for record access may exceed three (3) business days
for reasonable cause, including, but are not limited to:
a.
A request that is not sufficiently particular to identify the records
requested,
b.
A request that seeks the disclosure of records that may be closed,
or contain closed information, under this Chapter or other law,
c.
A request seeking numerous or voluminous records,
d.
When the responsive record or custodian is not immediately available;
or
e.
When a fee deposit is required and has not been paid.
2.
If access cannot be granted within three (3) business days following
the request, the custodian shall provide a detailed written explanation
of the cause for delay, which shall include the earliest date and
time at which the record would be available. If the cause for delay
is such that the custodian cannot with certainty state the date and
time for the availability of the record, the custodian shall so state,
providing a projected date and time for making the record available.
F.
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.
G.
The
Council may adopt additional rules consistent with this Chapter and
Chapter 621, RSMo., for the maintenance and disclosure of records.
[Ord. No. 1764 §1, 1-17-2013]
A.
The
Chief of Police, or the Chief's designee, shall be the custodian of
Police Department records as provided herein.
B.
The City's Police Department shall maintain records of all incidents reported to, and investigations and arrests made by, the Police. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection (D) of this Section or Section 320.083, RSMo., investigative reports 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 150.100.
C.
Except
as otherwise provided in this Chapter, if any portion of a record
of the Police Department, other than an arrest report which would
otherwise be open, contains information that is (i) reasonably likely
to pose a clear and present danger to the safety of any victim, witness,
undercover officer, or other person, or (ii) jeopardize a criminal
investigation, including records that would disclose the identity
of a source wishing to remain confidential or a suspect not in custody
or that would disclose techniques, procedures, or guidelines for police
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
(i) person involved in any incident or whose property is involved
in an incident, (ii) a family member within the first degree of consanguinity
of such person, if the person is deceased or incompetent, (iii) an
attorney for such person, or (iv) an insurer of such person may obtain
any records closed pursuant to this Chapter by filing a written request
with the custodian. Within thirty (30) days of such request, the custodian
shall either provide complete, unaltered, and unedited copies of the
requested material or file a motion with the Circuit Court of St.
Louis County stating that the safety of a victim, witness, or other
individual cannot be reasonably ensured, or that a criminal investigation
is likely to be jeopardized, if the material is disclosed. If the
court finds for the custodian, 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.
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.
[Ord. No. 1764 §1, 1-17-2013]
A.
Except
as otherwise provided in this Chapter, any information acquired by
way of a complaint or report of a crime made by telephone contact
using the emergency number "911" shall be closed, except that (i)
information consisting of the date, time, specific location, and immediate
facts and circumstances surrounding the initial report of the complaint
or crime shall be considered open, and (ii) such closed records shall
be made available in response to a request by other Law Enforcement
Agencies or the Division of Workers' Compensation, or pursuant to
a valid court order authorizing disclosure.
B.
If
a person is arrested and charged but not found guilty by a final judgment
of the court as provided herein, then:
1.
If the case is nolle prossed or dismissed, or the accused is found
not guilty, or imposition of sentence is suspended, all case records
shall thereafter be closed at such time as the case is finally terminated,
except as may be otherwise provided by law and except that the court's
judgment or order, or the final action taken by the prosecutor, may
be accessed; and
2.
If the accused is found not guilty due to mental disease or defect, all case records shall thereafter be closed upon the making of such findings, except that the disposition may be accessed by Law Enforcement Agencies, child care agencies, elder care facilities as defined in Section 198.006, RSMo., and in-home service provider agencies as defined in Section 660.250, RSMo., in the manner established by Section 150.100.
C.
Notwithstanding
anything herein to the contrary, if the person arrested is charged
with a sexual offense under local or State law and the imposition
of sentence is suspended, the official records pertaining to the case
shall, upon request, be made available to the victim, or to the victim's
parents or guardian if the victim is a minor or incompetent.
D.
Notwithstanding
anything herein to the contrary, if the Police Department maintains
a daily log or record that lists suspected crimes, accidents or complaints,
the custodian shall make available the following information for inspection
and copying:
1.
The time, substance, and location of all complaints or requests for
assistance received by the Police Department;
2.
The time and nature of the Police Department's response to all complaints
or requests for assistance; and
3.
If the incident involves an alleged offense or infraction;
4.
The time, date and location of occurrence;
5.
The name and age of any victim, unless the victim is a victim of
a sexual offense under Chapter 566, RSMo.;
6.
The factual circumstances surrounding the incident; and
7.
A general description of any injuries, property or weapons involved.
E.
On
receipt of a valid court order expunging the criminal records of any
person as provided by law, said criminal records shall be expunged
and not retained or disclosed, except to the extent permitted by law.
[Ord. No. 1764 §1, 1-17-2013]
A.
Records
required to be closed shall not be destroyed. They shall be removed
from those records of the Police Department and Municipal Court that
are available to the public and shall be kept in separate confidential
files. When possible, pages of any public record shall be retyped
or rewritten, omitting those portions of the public record that reflect
closed information. If retyping or rewriting is not feasible because
of the permanent nature of the public record, closed record entries
shall be blacked out and recopied in a confidential book.
B.
Closed
records shall be inaccessible to the public but shall be available
to:
1.
The defendant, except as otherwise provided in this Chapter or in
Section 43.507, RSMo., pertaining to the permissible disclosure of
criminal history information;
2.
Criminal justice agencies, including the Sentencing Advisory Commission
created in Section 558.019, RSMo., for all criminal justice administration
and enforcement purposes permitted by law;
3.
Criminal justice agencies and other qualified screening entities
and agencies identified, and for employment and other purposes noted
in Sections 43.500, 43.507, 43.540, 43.543 and Section 610.120, RSMo.;
4.
Law Enforcement Agencies for issuance or renewal of a license, permit
(including the purchase or possession of a firearm), certification,
or registration of authority for employment as a watchmen, security
guard, private investigator;
5.
All State departments to the extent allowed by law and for the purposes
of department operations, including the Department of Revenue, for
driver license administration, the Division of Workers' Compensation
for determining eligibility for crime victims' compensation pursuant
to Sections 595.010 to 595.075, RSMo., and the Department of Health
and Senior Services for licensing and regulating facilities and regulating
in-home services provider agencies; and
6.
Federal agencies for criminal justice administration, criminal justice
employment, child, elderly, or disabled care, and for authorized investigative
purposes.
[Ord. No. 1764 §1, 1-17-2013]
A.
Any
custodian shall charge ten cents ($.10) per page for a paper copy
not larger than nine (9) by fourteen (14) inches, plus an hourly fee
for duplicating time. Prior to having the records produced, the person
requesting the records may ask the custodian to estimate the cost
of production. The custodian shall (receive or may require) payment
prior to duplicating and/or searching for documents.
B.
Fees
for providing access to public records (a) maintained on computer
facilities, recording tapes or disks, video tapes or films, pictures,
maps, slides, graphics, illustrations, or similar audio or visual
items or devices, and (b) consisting of paper copies larger than nine
(9) by fourteen (14) inches shall be the actual cost of copies, staff
time for making copies and programming, if necessary, and the disk
or tape, or other medium used for the duplication. Fees for maps,
blueprints, or plats that require special expertise to duplicate may
include (a) the actual rate of compensation for the trained personnel
required to duplicate such maps, blueprints, or plats or (b) the actual
cost of third party charges, if necessary, plus any related staff
time. 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.
C.
Fees
charged for staff time shall not exceed the average hourly rate of
pay for clerical staff of the City. Research time required for fulfilling
records requests may be charged at the actual cost of research time,
which may include attorney fees for legal review and any related determination
on the disclosability of the records. Based on the scope and nature
of the request, the City shall produce requested copies using employees
whose hourly rate results in the lowest amount of charges for search,
research, and duplication time.
D.
Documents
may be furnished without charge or at a reduced charge when the City
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 City and is not primarily in
the commercial interest of the requester.
E.
Notwithstanding
any other provision of law to the contrary, whenever a criminal background
check is requested in connection with gaining employment, housing,
or any other services or benefit of any homeless former member of
the organized militia or the armed forces of the United States who
has been honorably discharged, such background check shall be completed
and transmitted to the requesting party without any fee or other compensation
for such background check or for any copy of a relevant public record
pertaining to such request. For purposes of this Section, "homeless" means an involuntary state characterized by a
lack of housing or shelter.
[Ord. No. 1764 §1, 1-17-2013]
A.
Meetings,
records, and votes closed pursuant to this Chapter are done so by
the City in compliance with law and for the purpose of effecting and
facilitating the City's operations, and all such closed information
shall be treated as confidential by the City's employees and its elected
and appointed officials until such time as the information has been
made public by action of the City. No person shall copy, record, remove,
alter, or disclose information closed pursuant to this Chapter unless
otherwise authorized by law or by vote of the City.
B.
Any person violating Subsection (A) of this Section, or any other provision of this Chapter, shall upon conviction be subject to punishment of a fine of up to one thousand dollars ($1,000.00), imprisonment of up to ninety (90) days, or both such fine and imprisonment.
C.
In
addition, employees may be subject to disciplinary action, up to and
including termination, and elected and appointed officials may be
subject to removal from office or other sanction for any such violation.
