[Ord. No. 14-06 §1, 7-7-2014]
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 the provisions of this Chapter, if duplication equipment
is available.
PUBLIC BUSINESS
All matters which relate in any way to the performance of
the public governmental body'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, by order or ordinance
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 Alderpersons.
2.
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.
3.
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 Mayor and/or Board of Alderpersons, policy or policy
revisions or expenditures of public funds. The custodian of the records
of any public governmental body shall maintain a list of the policy
advisory committees described in this Subsection;
4.
Any quasi-public governmental body.
PUBLIC MEETING
Any meeting of a public governmental body subject to Sections
610.010 to 610.030, RSMo. 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 public 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 document or study prepared for a public governmental
body by a consultant or other professional service as described in
this Section 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.
QUASI-PUBLIC GOVERNMENTAL BODY
Any person, corporation or partnership organized or authorized
to do business in this State pursuant to the provisions of Chapter
352, 353 or 355, RSMo. or unincorporated association which either:
1.
Has as its primary purpose entering into contracts with public
governmental bodies, or engaging primarily in activities carried out
pursuant to an agreement or agreements with public governmental bodies;
or
2.
Performs a public function, as evidenced by a statutorily 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.
[Ord. No. 14-06 §2, 7-7-2014]
A. All meetings, records and votes are open to the public, except that
any meeting, record, minutes 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 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.
Non-judicial mental or physical health proceedings involving
identifiable persons, including medical, psychiatric, psychological,
or alcoholism or drug dependency diagnosis or treatment.
5.
Testing and examination materials, before the test or examination
is given or, if it is to be given again, before so given again.
6.
Welfare cases of identifiable individuals.
7.
Preparation, including any discussions or work product, on behalf
of a public governmental body or its representatives for negotiations
with employee groups.
8.
Software codes for electronic data processing and documentation
thereof.
9.
Specifications for competitive bidding, until either the specifications
are officially approved by the public governmental body or the specifications
are published for bid.
10.
Sealed bids and related documents, until the 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. It is the policy of the City that
no information relating to present or past employees other than names,
positions, salaries and lengths of service shall be provided to any
person or agency other than:
a.
As specifically requested in writing by the employee in question
in accord with applicable provisions of the City's personnel
policies;
b.
As may be required in response to a subpoena lawfully issued
by a court of competent jurisdiction; or
c.
As otherwise may be required by law.
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, 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.
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 moneys 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 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.
[Ord. No. 14-06 §3, 7-7-2014]
A. Records Pertaining To Internal Investigations And Investigations
Of Illegal Conduct. In order to allow the fullest cooperation
by employees and members of the public in investigation of matters
wherein an employee of the City is alleged to have engaged in any
form of misconduct, all files, records, and documents relating to
investigations of allegations of misconduct by City employees will
be considered to be personnel records and shall be closed records
under the custody of the respective department head or personnel office.
B. Records Pertaining To Medical Condition Or History. All information obtained by the City regarding medical examinations,
medical condition or medical history of City employees or job applicants,
if retained by the City, shall be collected and maintained on separate
forms and in separate medical files and shall be treated as closed
and confidential records, except that:
1.
Supervisors and managers may be informed regarding necessary
restrictions on the work duties of employees and necessary accommodations;
2.
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
3.
Government officials investigating compliance with State or
Federal law pertaining to treatment of persons with disabilities may
be allowed access to such records.
C. Records Containing Confidential, Proprietary Or Private Information.
1.
In order to protect reasonable expectations of privacy on the
part of persons having dealings with the City, City records containing
information or entries of a personal, confidential, private or proprietary
nature, including, but not limited to, income, sales data, financial
circumstances, household and family relationships, Social Security
numbers, dates of birth, insurance information and other information
which reasonable persons generally regard as private and not a customary
subject for public discourse, which information or entries have been
provided to the City by one complying with regulations requiring the
disclosure of such information, shall be excised from copies of City
records disclosed or provided to members of the public other than
those persons to whom the information of entries pertain. Persons
desiring access to information or entries excised from such records
may file a supplementary written request with the City Clerk for disclosure
of material to be specified in the request, which request should state:
a.
Whether or not the requesting party has informed persons to
whom the requested information pertains of the request; and
b.
All reasons why the requesting party believes disclosure by
the City of the specified information is in the public interest.
2.
Hearing.
a.
The City Clerk may afford all interested parties, including
the persons to whom the information pertains, a reasonable time within
which to comment on the requested disclosure prior to acting further
on the request. If an interested person objects to the disclosure
of the requested information, the City Clerk may conduct a hearing
at which all interested parties may be heard. At such hearing the
Clerk shall consider, among such other factors as may be reasonable
and relevant:
(1) The requirements and intent of State law and City
ordinances.
(2) The legitimate expectations of privacy on the part
of interested parties.
(3) The personal, confidential, private or proprietary
nature of the information at issue.
(4) Whether the information was obtained by the City
under compulsion of law or was freely and voluntarily provided by
the persons objecting to the disclosure; and
(5) The public purpose to be served by disclosure of
the requested information.
b.
If the City Clerk determines that disclosure is legally required
or would otherwise serve the best interests of the public and that
such requirements or purpose outweigh the legitimate concerns or interest
of the persons to whom the information pertains, the Clerk shall provide
the requested information to the requesting party.
3.
In addition to or in lieu of the hearing described above, the City Clerk may afford all interested parties a reasonable opportunity to seek judicial review of or relief from the proposed disclosure. The City Clerk may also utilize the procedures for judicial determination and/or opinion solicitation provided in Section
113.100.
4.
Records and information that have been closed pursuant to the
provisions of this Section, Chapter 610, RSMo., and other relevant
State and Federal laws and regulations are to be treated as confidential
by all employees and elected and appointed officials of the City.
a.
It shall be grounds for disciplinary action for any employee
to:
(1) Violate the confidentiality relating to such records
or information;
(2) Copy or remove closed and/or confidential information
without the specific consent of the custodian thereof or in the normal
course of performing such employee's duties for the City;
(3) Provide or discuss closed records or confidential
information with any person other than as a necessary part of performing
such employee's duties for the City; or
(4) Divulge, discuss, or disclose information or records
addressed in any closed meeting of a public governmental body, other
than as a necessary part of performing such employee's duties
for the City.
b.
Elected or appointed officials are also expected to maintain
the same strict standards of confidentiality required of employees.
Breach of the confidentiality standards established by this Chapter
and required of employees in the Section may be grounds for removal
from office or other sanctions as may be deemed appropriate by the
body of which such official is a member or by the Board of Alderpersons.
[Ord. No. 14-06 §4, 7-7-2014]
A. All public governmental bodies 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, and
if the 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 a public body plans
to meet by Internet chat, Internet message board, or other computer
link, it shall post a notice of the meeting on its website in addition
to its principal office and shall notify the public how to access
that meeting. Reasonable notice shall include making available copies
of the notice to any representative of the news media who requests
notice of meetings of a particular public governmental body concurrent
with the notice being made available to the members of the particular
governmental body and posting the notice on a bulletin board or other
prominent place which is easily accessible to the public and clearly
designated for that purpose at the principal office of the body holding
the meeting, or if no such office exists, at the building in which
the meeting is to be held.
B. Notice conforming with all of the requirements of Subsection
(A) of this Section shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when City hall is closed, prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. Each 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.
C. A public body shall allow for the recording by audiotape, videotape,
or other electronic means of any open meeting. A public body may establish
guidelines regarding the manner in which such recording is conducted
so as to minimize disruption to the meeting. No audio recording of
any meeting, record, or vote closed pursuant to the provisions of
Section 610.021, RSMo., shall be permitted without permission of the
public body; any person who violates this provision shall be guilty
of an ordinance violation and punished by imprisonment for a period
not to exceed fifteen (15) days, a fine not to exceed three hundred
dollars ($300.00), or by both such fine and imprisonment.
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. A formally constituted subunit of a parent governmental body may
conduct a meeting without notice as required by this Section during
a lawful meeting of the parent governmental body, a recess in that
meeting, or immediately following that meeting, if the meeting of
the subunit is publicly announced at the parent meeting and the subject
of the meeting reasonably coincides with the subjects discussed or
acted upon by the parent governmental body.
F. If another provision of law requires a manner of giving specific
notice of a meeting, hearing or an intent to take action by a governmental
body, compliance with that section shall constitute compliance with
the notice requirements of this Section.
G. A journal or minutes of open and closed meetings shall be taken and
retained by the public governmental body, including, but not limited
to, a record of any votes taken at such meeting. The minutes shall
include the date, time, place, members present, members absent and
a record of any 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. 14-06 §5, 7-7-2014]
A. A public governmental body proposing to hold a closed meeting or
vote may do so by either:
1.
Giving notice of same pursuant to the provisions of this Chapter
along with reference to the specific exception allowing such a closed
meeting under State law; or
2.
Upon an affirmative public vote of the majority of a quorum
of the public governmental body. The vote of each member of the public
governmental body on the question of closing a public meeting or vote
and the specific reason for closing that public meeting or vote by
reference to the specific exception allowing such a closed meeting
under the State law shall be announced publicly at an open meeting
of the governmental body and entered into the minutes.
B. Any meeting or vote closed pursuant to Section 610.021, RSMo., shall
be closed only to the extent necessary for the specific reason announced
to justify the closed meeting or vote. Public governmental bodies
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. Public governmental bodies holding
a closed meeting shall close only 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 public governmental
body following the closed session.
C. Nothing in Sections
610.010 to 610.028, RSMo., shall be construed as to require a public governmental body to hold a closed meeting, record or vote to discuss or act upon any matter.
D. In the event any member of a public governmental body makes a motion
to close a meeting, or a record, or a vote from the public and any
other member believes that such motion, if passed, would cause a meeting,
record or vote to be closed from the public in violation of any provision
in this Chapter, such latter member shall state his or her objection
to the motion at or before the time the vote is taken on the motion.
The public governmental body shall enter in the minutes of the public
governmental body any objection made pursuant to this Subsection.
Any member making such an objection shall be allowed to fully participate
in any meeting, record or vote that is closed from the public over
the member's objection. In the event the objecting member also
voted in opposition to the motion to close the meeting, record or
vote at issue, 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 Section 610.027, RSMo.
[Ord. No. 14-06 §6, 7-7-2014]
A. A journal or minutes of open and closed meetings shall be taken and
retained by the public governmental body, including, but not limited
to, a record of any votes taken at such meeting. The minutes shall
include the date, time, place, members present, members absent and
a record of any votes taken.
B. All votes by members of a public governmental body at any meeting
shall be recorded. When a roll call vote is taken, the minutes shall
attribute each "yes" or "no" vote, or abstinence if not voting, to
the name of the individual member of the body. Any votes taken during
a closed meeting shall be taken by roll call, and the minutes of the
closed meeting, sufficient to reflect the vote pursuant to this subsection
shall be recorded. All votes taken by roll call in meetings of a public
governmental body consisting of members who are all elected, except
for the Missouri General Assembly and any committee established by
a public governmental body, shall be cast by members of the public
governmental body who are physically present and in attendance at
the meeting. When it is necessary to take votes by roll call in a
meeting of the public governmental body, due to an emergency of the
public body, with a quorum of the members of the public body physically
present and in attendance and less than a quorum of the members of
the public governmental body participating via telephone, facsimile,
Internet, or any other voice or electronic means, the nature of the
emergency of the public body justifying that departure from the normal
requirements shall be stated in the minutes. Where such emergency
exists, the votes taken shall be regarded as if all members were physically
present and in attendance at the meeting.
[Ord. No. 14-06 §7, 7-7-2014]
Each 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.
[Ord. No. 14-06 §8, 7-7-2014]
If a public record contains material which is not exempt from
disclosure as well as material which is exempt from disclosure, the
public governmental body shall separate the exempt and nonexempt material
and make the nonexempt material available for examination and copying.
When designing a public record, a public governmental body shall,
to the extent practicable, facilitate a separation of exempt from
nonexempt information. If the separation is readily apparent to a
person requesting to inspect or receive copies of the form, the public
governmental body 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. 14-06 §9, 7-7-2014]
A. Each public governmental body is to appoint a custodian who is to
be responsible for the maintenance of that body's records. The
identity and location of a public governmental body's custodian
is to be made available upon request.
B. Except as otherwise provided by law, the City shall provide access
to and, upon request, furnish copies of the City's public records
subject to the provisions of the Code of Ordinances relating to copying
fees. No person shall remove original public records from the City
Hall or from the office of the Custodian of Records without written
permission of the Custodian. No public governmental body shall 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. The Custodian of Records may require a person seeking access to public
records to submit such request in writing and/or on a form designated
by the Custodian for such purpose. Such written request shall be sufficiently
particular to reasonably apprise the Custodian of the records sought.
D. 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 Custodian
of Records of a public governmental body. 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 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.
E. 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 business day following the date that the request
for the statement is received.
F. 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 provision of this
Subsection shall only apply to messages sent to the 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,
however, to the exceptions for closed records as provided by law.
[Ord. No. 14-06 §10, 7-7-2014]
A public governmental body or Record Custodian in doubt about
the legality of closing a particular meeting, record or vote may,
subject to approve by the Board of Alderpersons, bring suit in the
Moniteau County Circuit Court to ascertain the propriety of such action.
In addition, subject to approval by the Board of Alderpersons, the
public governmental body or Custodian may seek a formal opinion of
the Attorney General or an attorney for the City regarding the propriety
of such action. In such events, the proposed closed meeting or public
access to the record or vote shall be deferred for a reasonable time
pending the outcome of the actions so taken.
[Ord. No. 14-06 §11, 7-7-2014]
A. The Custodian shall charge ten cents ($0.10) per page for a paper
copy not larger than nine (9) inches by fourteen (14) inches, plus
the Custodian of Records' hourly rate of pay for duplicating
time. Research time required for fulfilling records requests may be
charged at the actual cost of research time. Prior to producing copies
of the requested records, the person requesting the records may request
the City to provide an estimate of the cost to the person requesting
the records. The Custodian shall receive (or may require) payment
prior to duplicating and/or searching for documents.
B. Fees for providing access to public records 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 for paper copies larger than nine (9) inches by fourteen
(14) inches shall include only the cost of copies, staff time, 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 the actual rate of compensation for the trained personnel
required to duplicate such maps, blueprints, or plats. If programming
is required beyond the customary and usual level to comply with a
request for records or information, the fees for compliance may include
the actual costs of such programming.
[Ord. No. 14-06 §12, 7-7-2014]
A. Definitions. As used in this Section, the following
terms shall have the following definitions:
ARREST
An actual restraint of the person of the defendant, or by
his/her submission to the custody of the officer, under authority
of a warrant or otherwise for a criminal violation which results in
the issuance of a summons or the person being booked.
ARREST REPORT
A record of a law enforcement agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
INACTIVE
An investigation in which no further action will be taken
by a law enforcement agency or officer for any of the following reasons:
1.
A decision by the law enforcement agency not to pursue the case.
2.
Expiration of the time to file criminal charges pursuant to
the applicable statute of limitations or ten (10) years after the
commission of the offense, whichever date earliest occurs.
3.
Finality of the convictions of all persons convicted on the
basis of the information contained in the investigative report, by
exhaustion of or expiration of all rights of appeal of such persons.
INCIDENT REPORT
A record of a law enforcement agency consisting of the date,
time, specific location, name of the victim and immediate facts and
circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints maintained
by that agency.
INVESTIGATIVE REPORT
A record, other than an arrest or incident report, prepared
by personnel of a law enforcement agency, inquiring into a crime or
suspected crime, either in response to an incident report or in response
to evidence developed by law enforcement officers in the course of
their duties.
B. Police Department Records.
1.
The City Police Department 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 the provision of Subsection
(B)(3) of this Section or Section 320.083 RSMo., investigate 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 except as provided in Subsection
(D).
2.
Except as provided in Subsections
(B)(3) and
(4) 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 the Police Department's investigations or prosecution, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Chapter.
3.
Any person, 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 Subsection
(D) 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 over 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 610.100(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 records made available pursuant to this Subsection.
4.
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.
C. Effect Of Nolle Pros, Dismissal And Suspended Imposition
Of Sentence On Records. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated except that the disposition portion of the record may be accessed except as provided in Subsection
(D). If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child-care agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider agencies as defined in Section 660.250, RSMo., in the manner established by Subsection
(D).
D. Public Access Of Closed Arrest Records.
1.
Records required to be closed shall not be destroyed; they shall
be inaccessible to the general public and to all persons other than
the defendant except as provided in this Section and Section 43.507,
RSMo. They shall be available to the sentencing advisory commission
created in Section 558.019, RSMo. for the purpose of studying sentencing
practices, and only to courts, law enforcement agencies, child-care
agencies, Department of Revenue for driving record purposes, facilities
as defined in Section 198.006, RSMo., in-home services provider agencies
as defined in Section 660.250, RSMo., the Division of Workers'
Compensation for the purposes of determining eligibility for crime
victims' compensation pursuant to Sections 595.010 to 595.075,
RSMo., and Federal agencies for purposes of prosecution, sentencing,
parole consideration, criminal justice employment, child-care employment,
nursing home employment and to Federal agencies for such investigative
purposes as authorized by law or presidential executive order. These
records shall be made available for the above purposes regardless
of any previous statutory provision which had closed such records
to certain agencies or for certain purposes. All records which are
closed records shall be removed from the records of the Police Department
and Municipal Court which are available to the public and shall be
kept in separate records which are to be held confidential and, where
possible, pages of the public record shall be retyped or rewritten
omitting those portions of the record which deal with the defendant's
case. If retyping or rewriting is not feasible because of the permanent
nature of the record books, such record entries shall be blacked out
and recopied in a confidential book.
2.
As used in this Section, the term "child care" includes providers
and youth services agencies as those terms are defined in Section
43.540, RSMo., elementary and secondary school teachers, elementary
and secondary school bus drivers, whether such drivers are employed
by a school or an entity which has contracted with the school to provide
transportation services.
E. "911" Telephone Reports. 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 Subsection
(B). 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.
F. Daily Log Or Record Maintained By Police Department Of Crimes,
Accidents Or Complaints — Public Access To Certain Information. The Tipton Police Department, if it maintains a daily log or record
that lists suspected crimes, accidents, or complaints, shall make
available the following information for inspection and copying by
the public:
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 crime or infraction:
a.
The time, date, and location of occurrence;
b.
The name and age of any victim, unless the victim is a victim
of a crime under Section 566 RSMo.;
c.
The factual circumstances surrounding the incident; and
d.
A general description of any injuries, property or weapons involved.
[Ord. No. 15-12 §1, 11-2-2015]
A. Policy Statement. While it is legally permissible
for members of the City's public governmental bodies to attend
meetings and vote via video conference transmission, a member's
use of video conference attendance should occur only sparingly. It
is good public policy for citizens to have the opportunity to meet
with their elected official face-to-face, elected members of a public
governmental body should endeavor to be physically present at all
meetings unless attendance is unavoidable after exercising due diligence
to arrange for physical presence at the meeting. The primary purpose
of attendance by video conference connection should be to accommodate
the public governmental body as a whole to allow meetings to occur
when circumstances would otherwise prevent the physical attendance
of a quorum of the body's members. A secondary purpose of attendance
by video conference should be to ensure that all members may participate
in business of the public governmental body that is emergency or highly
important in nature and arose quickly so as to make attendance at
a regular meeting practically impossible. Except in emergency situations,
all efforts should be expended to ensure that a quorum of the members
of the public governmental body be physically present at the normal
meeting place of the body.
B. Video Conference Defined. For purposes of this Section
"video conference" or "videoconferencing" shall refer to a means of
communication where at least one (1) member of a public governmental
body participates in the public meeting via an electronic connection
made up of three (3) components: (1) a live video transmission of
the member of the public governmental body not in physical attendance;
(2) a live audio transmission allowing the member of the public governmental
body not in physical attendance to be heard by those in physical attendance;
(3) a live audio transmission allowing the member of the public governmental
body not in physical attendance to hear those in physical attendance
at a meeting. If at any time during a meeting one (1) or more of the
elements of a video conference becomes compromised (e.g., if any participants
are unable to see, hear, or fully communicate), then the video conference
participant is deemed immediately absent and this absence should be
reflected in the minutes. A video conference participant's absence
may compromise a quorum in which case the applicable Missouri laws
shall take effect regarding a broken quorum.
C. Frequency Of Use Of Video Conference Attendance. A member of a public governmental body shall not attend more than two (2) meetings via video conference in a rolling twelve-month period. In keeping with the policy stated in Subsection
(A) above, attendance via video conference should only occur sparingly and for good cause. Such good cause shall be at the discretion of the member seeking to attend by video conference, but shall be for significant reasons such as serious illness or injury of the member or a member of his or her immediate family, including father or mother, spouse, sibling, child or grandchild.
D. Physical Location. Members of the public may not
participate in a public meeting of a governmental body via video conference.
The public wishing to attend a meeting, and elected officials not
participating via videoconferencing of a meetings, shall participate
at the physical location where meetings of the public governmental
body are typically held, or as provided in a notice provided in accordance
with the sunshine law. The public governmental body shall cause there
to be provided at the physical location communication equipment consisting
of an audio and visual display, and a camera and microphone so that
the member(s) of the public governmental body participating via videoconferencing,
the members of the public governmental body in physical attendance,
and the public in physical attendance may actively participate in
the meeting in accordance with rules of meeting decorum. The communication
equipment at the physical location of the meeting must allow for all
meeting attendees to see, hear, and fully communicate with the videoconferencing
participant.
E. Voting. Elected members of a public governmental body attending a public meeting of that governmental body via video conference are deemed present for purposes of participating in a roll call vote to the same effect elected members of a public governmental body in physical attendance at a public meeting of that governmental body are deemed present. An indication in Subsection
(B) above, if any component of the video conference communication fails during the meeting, the member attending by video conference whose connection failed shall be deemed absent immediately upon such failure, and if the public governmental body was in the act of voting, the voting shall stop until all of the video conference participant's presence is again noted in the minutes.
F. Closed Meetings. In a meeting where a member of
a public governmental body is participating via videoconferencing
and the meeting goes into a closed session, all provisions of the
Missouri law and City ordinances relating to closed sessions apply.
Upon the public governmental body participating via videoconferencing
must ensure there are no members of the public present at their location
to see, hear, or otherwise communicate during the closed session.
The member must also take all reasonable precautions to guard against
interception of communication by others. Failure to ensure the requirements
of this Subsection may result in corrective action by the full public
governmental body in accordance with City regulations.
G. Minutes. In the meeting, whether in open or in closed
session, the minutes taken should reflect the member, if any, participating
via video conference, the members in physical attendance, and members,
if any, absent.
H. Emergency Meetings. In the event that emergency
circumstances create impossibility for the members of a public governmental
body to physically attend the body as a whole may meet, and if necessary
vote, by video conference. Examples of such emergency circumstances,
include, but are not limited to, war, riot, terrorism, widespread
fire, or natural disaster such as earthquake, tornado, hurricane,
flood, or blizzard. To the extent possible in such circumstances,
the public governmental body shall use reasonable efforts to cause
a physical location to be provided for public attendance and participation.