As used in this Chapter, unless the context
otherwise indicates, the following terms mean:
Any meeting, record or vote closed to the public.
If requested by a member of the public, copies provided as detailed in Section 120.100 of this Chapter, if duplication equipment is available.
All matters which relate in any way to performance of the
City's functions or the conduct of its business.
Any legislative, administrative or governmental entity created
by the Constitution or Statutes of this State, orders or ordinances
of the City, judicial entities when operating in an administrative
capacity or by executive order, including:
Any advisory committee or commission appointed
by the Mayor or Board of Aldermen.
Any department or division of the City.
Any other legislative or administrative governmental
deliberative body under the direction of three (3) or more elected
or appointed members having rule-making or quasi-judicial power.
Any committee appointed by or at the direction
of any of the entities and which is authorized to report to any of
the above-named entities, any advisory committee appointed by or at
the direction of any of the named entities for the specific purpose
of recommending, directly to the public governmental body's governing
board or its Chief Administrative Officer, policy or policy revisions
or expenditures of public funds.
Any quasi-public governmental body. The term
"quasi-public governmental body" means any person, corporation or
partnership organized or authorized to do business in this State pursuant
to the provisions of Chapters 352, 353 or 355, RSMo., or unincorporated
association which either:
Has as its primary purpose to enter into contracts
with public governmental bodies or to engage primarily in activities
carried out pursuant to an agreement or agreements with public governmental
bodies; or
Performs a public function, as evidenced by
a statutorily or ordinance-based capacity, to confer or otherwise
advance, through approval, recommendation or other means, the allocation
or issuance of tax credits, tax abatement, public debt, tax exempt
debt, rights of eminent domain, or the contracting of lease-back agreements
on structures whose annualized payments commit public tax revenues;
or any association that directly accepts the appropriation of money
from the City, but only to the extent that a meeting, record or vote
relates to such appropriation.
Any meeting of a public governmental body subject to this
Chapter at which any public business is discussed, decided or public
policy formulated, whether such meeting is conducted in person or
by means of communication equipment, including, but not limited to,
conference call, video conference, Internet chat or Internet message
board. The term "public meeting" shall not include an informal gathering
of members of a public governmental body for ministerial or social
purposes when there is no intent to avoid the purposes of this Chapter,
but the term shall include a vote of all or a majority of the members
of a public governmental body, by electronic communication or any
other means, conducted in lieu of holding a public meeting with the
members of the public governmental body gathered at one (1) location
in order to conduct public business.
Any record, whether written or electronically stored, retained
by or of any public governmental body, including any report, survey,
memorandum, or other document or study prepared for the public governmental
body by a consultant or other professional service paid for in whole
or in part by public funds, including records created or maintained
by private contractors under an agreement with a public governmental
body or on behalf of a public governmental body. The term "public
record" shall not include any internal memorandum or letter received
or prepared by or on behalf of a member of a public governmental body
consisting of advice, opinions and recommendations in connection with
the deliberative decision-making process of said body, unless such
records are retained by the public governmental body or presented
at a public meeting. Any documents or study prepared for a public
governmental body by a consultant or other professional service as
described in this Section shall be retained by the public governmental
body in the same manner as any other public record.
Any vote, whether conducted in person, by telephone, or by
any other electronic means, cast at any public meeting of any public
governmental body.
A.Â
All meetings, records and votes are open to the public,
except that any meeting, record or vote relating to one (1) or more
of the following matters, as well as other materials designated elsewhere
in this Chapter, shall be closed unless the public governmental body
votes to make them public:
1.Â
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 governmental 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 monies paid by, or on behalf of, the public governmental
body shall be disclosed; provided, however, in matters involving the
exercise of the power of eminent domain, the vote shall be announced
or become public immediately following the action on the motion to
authorize institution of such a legal action. Legal work product shall
be considered a closed record.
2.Â
Leasing, purchase or sale of real estate by
a public governmental body where public knowledge of the transaction
might adversely affect the legal consideration therefor. However,
any minutes or vote or public record approving a contract relating
to the leasing, purchase or sale of real estate by a public governmental
body shall be made public upon execution of the lease, purchase or
sale of the real estate.
3.Â
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.Â
Non-judicial mental or physical health proceedings
involving an identifiable person, including medical, psychiatric,
psychological, or alcoholism or drug dependency diagnosis or treatment.
5.Â
Testing and examination materials, before the
test or examination is given or, if it is to be given again, before
so given again.
6.Â
Welfare cases of identifiable individuals.
7.Â
Preparation, including any discussions or work
product, on behalf of a public governmental body or its representatives
for negotiations with employee groups.
8.Â
Software codes for electronic data processing
and documentation thereof.
9.Â
Specifications for competitive bidding, until
either the specifications are officially approved by the public governmental
body or the specifications are published for bid.
10.Â
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.Â
Individually identifiable personnel records,
performance ratings or records pertaining to employees or applicants
for employment, except that this exemption shall not apply to the
names, positions, salaries and lengths of service of officers and
employees of public agencies once they are employed as such.
12.Â
Records which are protected from disclosure
by law.
13.Â
Meetings and public records relating to scientific
and technological innovations in which the owner has a proprietary
interest.
14.Â
Records relating to municipal hotlines established
for the reporting of abuse and wrongdoing.
15.Â
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.Â
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 non-disclosure
outweighs the public interest in disclosure of the records.
17.Â
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.Â
Records related to the procurement of or expenditures
relating to security systems purchased with public funds shall be
open.
b.Â
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.Â
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.Â
The portion of a record that identifies security
systems or access codes or authorization codes for security systems
of real property.
19.Â
Records that identify the configuration of components
or the operation of a computer, computer system, computer network
or telecommunications network and would allow unauthorized access
to or unlawful disruption of a computer, computer system, computer
network or telecommunications network of a public governmental body.
This exception shall not be used to limit or deny access to otherwise
public records in a file, document, data file or database containing
public records. Records related to the procurement of or expenditures
relating to such computer, computer system, computer network or telecommunications
network, including the amount of monies paid by, or on behalf of,
a public governmental body for such computer, computer system, computer
network or telecommunications network, shall be open.
20.Â
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.
21.Â
Individually identifiable customer usage and billing records
for customers of a municipally owned utility, unless the records are
requested by the customer or authorized for release by the customer,
except that a municipally owned utility shall make available to the
public the customer's name, billing address, location of service,
and dates of service provided for any commercial service account.
Any member of a public governmental body who
transmits any message relating to public business by electronic means
shall also concurrently transmit that message to either the member's
public office computer or the custodian of records in the same format.
The provisions of this Section shall only apply to messages sent to
two (2) or more members of that body so that, when counting the sender,
a majority of the body's members are copied. Any such message received
by the custodian or at the member's office computer shall be a public
record subject to the exception of Section 610.021, RSMo.
A.Â
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.Â
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.
C.Â
The City shall allow for the recording by audiotape, videotape or other electronic means of any open meeting. The City 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 120.020 shall be permitted without permission of the City; any person who violates this provision shall be guilty of an ordinance violation.
D.Â
Each governmental body 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 a specific exception allowed pursuant to Section 120.020 hereof. The notice shall be the same as described in Subsection (A) herein.
E.Â
A formally constituted subunit of a parent 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 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.
For any public meeting where a vote of the Board
of Aldermen is required to implement a tax increase, or with respect
to a retail development project when the Board of Aldermen votes to
utilize the power of eminent domain, create a transportation development
district or a community improvement district, or approve a redevelopment
plan that pledges public funds as financing for the project or plan,
the Board of Aldermen or any entity created by the City shall give
notice conforming with all the requirements of Subsection (1) of Section
610.020, RSMo., at least four (4) days before such entity may vote
on such issues, exclusive of weekends and holidays when the facility
is closed; provided that this Section shall not apply to any votes
or discussion related to proposed ordinances which require a minimum
of two (2) separate readings on different days for their passage.
The provisions of Subsection (4) of Section 610.020, RSMo., shall
not apply to any matters that are subject to the provisions of this
Section. No vote shall occur until after a public meeting on the matter
at which parties in interest and citizens shall have an opportunity
to be heard. If the notice required under this Section is not properly
given, no vote on such issues shall be held until proper notice has
been provided under this Section. Any legal action challenging the
notice requirements provided herein shall be filed within thirty (30)
days of the subject meeting, or such meeting shall be deemed to have
been properly noticed and held. For the purpose of this Section, a
tax increase shall not include the setting of the annual tax rates
provided for under Sections 67.110 and 137.055, RSMo.
A.Â
Except as set forth in Subsection (D) of Section 120.040, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the 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 a specific Section of this Chapter shall be announced publicly at an open meeting of the governmental body and entered into the minutes.
B.Â
Any meeting or vote closed pursuant to Section 120.020 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.
A.Â
Except as provided in Section 120.020, rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. 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. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected shall be cast by members of the public governmental body who are physically present and in attendance at the meeting or who are participating via videoconferencing. 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.
B.Â
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 vote taken at such meeting. The
minutes shall include the date, time, place, members present, members
absent, and a record of 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.
A.Â
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.
B.Â
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.
If a public record contains material which is
not exempt from disclosure, as well as material which is exempt from
disclosure, the custodian shall separate the exempt and non-exempt
material and make the non-exempt material available for examination
and copying in accord with the policies provided herein. When designing
a public record the custodian shall, to the extent practicable, facilitate
a separation of exempt from non-exempt information. If the separation
is readily apparent to a person requesting to inspect or receive copies
of the form, the custodian shall generally describe the material exempted
unless that description would reveal the contents of the exempt information
and thus defeat the purpose of the exemption.
A.Â
The City Clerk shall be the custodian of records and
will be responsible for maintenance and control of all records. The
custodian may designate deputy custodians in operating departments
of the City and such other departments or offices as the custodian
may determine. Deputy custodians shall conduct matters relating to
public records and meetings in accord with the policies enumerated
herein.
B.Â
Each public governmental body shall make available
for inspection and copying by the public of that body's public records.
No person shall remove original public records from the office of
a public governmental body or its custodian without written permission
of the designated custodian. No public governmental body shall, after
August 28, 1998, grant to any person or entity, whether by contract,
license or otherwise, the exclusive right to access and disseminate
any public record unless the granting of such right is necessary to
facilitate coordination with, or uniformity among, industry regulators
having similar authority.
C.Â
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.
D.Â
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.
A.Â
Except as otherwise provided by law, each public governmental
body shall provide access to and, upon request, furnish copies of
public records subject to the following:
1.Â
Fees for copying public records, except those
records restricted under Section 32.091, RSMo., shall not exceed ten
cents ($0.10) per page for a paper copy not larger than nine (9) inches
by fourteen (14) inches, with the hourly fee for duplicating time
not to exceed the average hourly rate of pay for clerical staff of
the public governmental body. Research time required for fulfilling
records requests may be charged at the actual cost of research time.
Based on the scope of the request, the public governmental body shall
produce the copies using employees of the body that result in the
lowest amount of charges for search, research and duplication time.
Prior to producing copies of the requested records, the person requesting
the records may request the public governmental body to provide an
estimate of the cost to the person requesting the records. Documents
may be furnished without charge or at a reduced charge when the public
governmental body 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 public
governmental body and is not primarily in the commercial interest
of the requester.
2.Â
Fees for providing access to public records
maintained on computer facilities, recording tapes or disks, videotapes
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, which shall not exceed the average hourly rate
of pay for staff of the public governmental body required for making
copies and programming, if necessary, and the cost of the disk, 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
cost of such programming.
B.Â
Payment of such copying fees may be requested prior
to the making of copies.
As used in this Article, the following terms
shall have the following definitions:
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.
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.
Any system or device that captures visual signals that is
capable of installation and being installed in a vehicle or being
worn or carried by personnel of a law enforcement agency and that
includes, at minimum, a camera and recording capabilities.
Any data captured by a mobile video recorder, including audio,
video, and any metadata.
A place where one would have a reasonable expectation of
privacy, including but not limited to a dwelling, school, or medical
facility.
A.Â
The Police Department of the City shall maintain records
of all incidents reported to the Police Department and investigations
and arrests made by the Police Department. All incident reports and
arrest reports shall be open records.
1.Â
Notwithstanding any other provision of law other than the provisions
of Subsections 4, 5 and 6 of Section 610.100, RSMo., or Section 320.083,
RSMo., mobile video recordings and investigative reports of all law
enforcement agencies and any reports or records in the possession
of the Department of Health and Senior Services' State Public Health
Laboratory, which were the result of testing performed at the request
of any municipal, county, State or Federal Law Enforcement Agency,
are closed records until the investigation becomes inactive.
2.Â
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 120.140 of this Chapter.
3.Â
Except as provided in Subsections 3 and 5 of
Section 610.100, RSMo., a mobile video recording that is recorded
in a non-public location is authorized to be closed, except that any
person who is depicted in the recording or whose voice is in the recording,
a legal guardian or parent of such person if he or she is a minor,
a family member of such person within the first degree of consanguinity
if he or she is deceased or incompetent, an attorney for such person,
or insurer of such person, upon written request, may obtain a complete,
unaltered, and unedited copy of a recording under and pursuant to
Section 610.100, RSMo.
B.Â
Except as provided in Subsections (C) and (D) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Chapter.
C.Â
Any person, including a legal guardian or parent of such person if he or she is a minor, a family member of such person within the first degree of consanguinity of such person if deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section 120.140 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, legal guardian or parent of such person is he or she is a minor, 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 record made available pursuant to this Subsection.
D.Â
Any person may apply pursuant to this Subsection to
the Circuit Court having jurisdiction for an order requiring a law
enforcement agency to open incident reports and arrest reports being
unlawfully closed pursuant to the Section. If the court finds by a
preponderance of the evidence that the law enforcement officer or
agency has knowingly violated this Section, the officer or agency
shall be subject to a civil penalty in an amount up to one thousand
dollars ($1,000.00). If the court finds that there is a knowing violation
of this Section, the court may order payment by such officer or agency
of all costs and attorneys' fees, as provided by Section 610.027,
RSMo. If the court finds by a preponderance of the evidence that the
law enforcement officer or agency has purposely violated this Section,
the officer or agency shall be subject to a civil penalty in an amount
up to five thousand dollars ($5,000.00) and the court shall order
payment by such officer or agency of all costs and attorney fees,
as provided in Section 610.027, RSMo. The court shall determine the
amount of the penalty by taking into account the size of the jurisdiction,
the seriousness of the offense, and whether the law enforcement officer
or agency has violated this Section previously.
E.Â
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.
F.Â
Any person who requests and receives a mobile video
recording that was recorded in a non-public location under and pursuant
to Section 610.100, RSMo., is prohibited from displaying or disclosing
the mobile video recording, including any description or account of
any or all of the mobile video recording, without first providing
direct third-party notice to each person not affiliated with a law
enforcement agency or each non-law enforcement agency individual whose
image or sound is contained in the recording, and affording, upon
receiving such notice, each person appearing and whose image or sound
is contained in the mobile video recording no less than ten (10) days
to file and serve an action seeking an order from a court of competent
jurisdiction to enjoin all or some of the intended display, disclosure,
description, or account of the recording. Any person who fails to
comply with the provisions of this Subsection is subject to damages
in a civil action proceeding.
A.Â
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 as provided in Subsection (B) of this Section and Section 120.140 and except that the court's judgment or order or the final action taken by the prosecutor in such matters may be accessed. 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 192.2400, RSMo., in the manner established by Section 120.140.
B.Â
If the person arrested is charged with an offense
found in Chapter 566, RSMo., Section 568.045, 568.050, 568.060, 568.065,
573.200, 573.205 or 568.175, RSMo., and an imposition of sentence
is suspended in the court in which the action is prosecuted, the official
records pertaining to the case shall be made available to the victim
for the purpose of using the records in his/her own judicial proceeding
or if the victim is a minor to the victim's parents or guardian, upon
request.
A.Â
Except as otherwise provided under Section 610.124, RSMo., 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 Chapter 43, RSMo. Closed records
shall be available to: criminal justice agencies for the administration
of criminal justice pursuant to Section 43.500, RSMo., criminal justice
employment, screening persons with access to criminal justice facilities,
procedures and sensitive information; to law enforcement agencies
for issuance or renewal of a license, permit, certification, or registration
of authority from such agency including, but not limited to, watchmen,
security personnel, and private investigators; those agencies authorized
by Chapter 43, RSMo., and applicable State law when submitting fingerprints
to the central repository; the Sentencing Advisory Commission created
in Section 558.019, RSMo., for the purpose of studying sentencing
practices in accordance with Chapter 43, RSMo.; to qualified entities
for the purpose of screening providers defined in Chapter 43, RSMo.;
the Department of Revenue for driver license administration; the Department
of Public Safety for the purposes of determining eligibility for crime
victims' compensation pursuant to Sections 595.010 to 595.075, RSMo.;
Department of Health and Senior Services for the purpose of licensing
and regulating facilities and regulating in-home services provider
agencies and Federal agencies for purposes of criminal justice administration,
criminal justice employment, child, elderly, or disabled care, and
for such investigative purposes as authorized by law or presidential
executive order.
B.Â
These records shall be made available only for the
purposes and to the entities listed in this Section. A criminal justice
agency receiving a request for criminal history information under
its control may require positive identification, to include fingerprints
of the subject of the record search, prior to releasing closed record
information. Dissemination of closed and open records from the Missouri
criminal records repository shall be in accordance with Section 43.509,
RSMo. 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.
Except as provided by this Section, any information acquired by the Police Department or a first responder agency by way of a complaint or report of a crime made by telephone contact using the emergency number "911" shall be inaccessible to the general public. However, information consisting of the date, time, specific location, and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to Section 120.120. Any closed records pursuant to this Section shall be available upon request by law enforcement agencies or the Division of Workers' Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.
A.Â
The City of Salisbury 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: