A.
Except
to the extent disclosure is otherwise required by law, the City or
any other public governmental body of the City is authorized to close
meetings, records and votes, to the extent they relate to the following:
1.
Legal actions, causes of action or litigation involving the City
or any other public governmental body of the City and any confidential
or privileged communications between the City or any other public
governmental body of the City or its representatives and its attorneys.
However, any minutes or vote relating to litigation involving the
City or any other public governmental body of the City shall be made
public upon final disposition of the matter voted upon; provided however,
in matters involving the exercise of the power of eminent domain,
the vote shall be announced or become public immediately following
the action on the motion to authorize institution of such a legal
action. Legal work product shall be considered a closed record;
2.
Leasing, purchase or sale of real estate by the City or any other
public governmental body of 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
or any other public governmental body of 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 or any other public governmental body of the City when
personal information about the employee is discussed or recorded.
However, any vote on a final decision, when taken by the City or any
other public governmental body of the City, to hire, fire, promote
or discipline an employee of the City or any other public governmental
body of the City must be made available 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 Subdivision,
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 the City or any other public governmental body of the City 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 City or any other public governmental
body of the City 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;
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.
A.
Except as set forth in Subsection (B) of this Section, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the City or any other public governmental body of the City. The vote of each member of the City or any other public governmental body of the City on the question of closing a public meeting or vote and the specific reason for closing that public meeting or vote by reference to a specific Section of this Article shall be announced publicly at an open meeting of the City or any other public governmental body of the City and entered into the minutes.
B.
The City or any other public governmental body of the City proposing to hold a closed meeting or vote shall give notice of the time, date and place of such closed meeting or vote and the reason for holding it by reference to the specific exception allowed under the provisions of Section 120.010. Such notice shall comply with the procedures set forth in Section 610.020, RSMo., for notice of a public meeting.
C.
Any meeting or vote closed pursuant to Section 120.010 shall be closed only to the extent necessary for the specific reason announced to justify the closed meeting or vote. The City or any other public governmental bodies of the City shall not discuss any business in a closed meeting, record or vote which does not directly relate to the specific reason announced to justify the closed meeting or vote.
D.
Nothing
in Sections of this Chapter shall be construed as to require the City
or any other public governmental body of the City to hold a closed
meeting, record or vote to discuss or act upon any matter.
A.
The
City is to appoint a Custodian who is to be responsible for the maintenance
of the City's records. The identity and location of the City's Custodian
is to be made available upon request.
B.
The
City shall make available for inspection and copying by the public
of the City's public records. No person shall remove original public
records from the office of the City or its Custodian without written
permission of the designated custodian.
C.
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 (3rd)
business day following the date the request is received by the Custodian
of records of the City. If access to the public record is not granted
immediately, the Custodian shall give a detailed explanation of the
cause for further delay and the place and earliest time and date that
the record will be available for inspection. This period for document
production may exceed three (3) days for reasonable cause.
D.
If
a request for access is denied, the Custodian shall provide, upon
request, a written statement of the grounds for such denial. Such
statement shall cite the specific provision of law under which access
is denied and shall be furnished to the requester no later than the
end of the third (3rd) business day following the date that the request
for the statement is received.
[CC 1979 §24.100]
A.
The
records of the City shall be kept in the custody of the City Clerk.
1.
As used in this Article, the word "record" or "records" shall mean any document, book, paper, photograph,
map, sound recording or other material, regardless of physical form
or characteristics, made or received pursuant to law or in connection
with the transaction of official business. Library and museum material
made or acquired and preserved solely for reference or exhibition
purposes, extra copies of documents preserved only for convenience
of reference, and stocks of publications and of processed documents
are not included within the definition of records as used in this
Article, and are hereinafter designated as "non-record" materials.
2.
The City Clerk may designate a subordinate or another City Official
authority to have temporary custody of City records, after satisfying
himself/herself as to the safety of said records.
[CC 1979 §24.110]
A.
All
records made or received by or under the authority of or coming into
the custody, control or possession of local officials in the course
of their public duties are the property of the City and shall not
be mutilated, destroyed, transferred, removed or otherwise damaged
or disposed of, in whole or in part, except as provided by law.
1.
No record shall be destroyed or otherwise disposed of unless it is
determined that the record has no further administrative, legal, fiscal,
research or historical value.
2.
Non-record materials or materials not included within the definition
of records may, if not otherwise prohibited by law, be destroyed at
any time, with the approval of the Missouri Local Records Board.
3.
Records of the City may be disposed of or destroyed without the approval
of the Missouri Local Records Board, if the same is permitted by the
State Municipal Records Manual. Records may be retained for a period
of time longer than the minimum retention period required by the State
Municipal Records Manual, at the discretion of the City Clerk.
