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 Chapter 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.
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.
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.
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.
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 an identifiable person, 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.
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.
The following information, which has the potential to endanger the
health or safety of an individual or the public if disclosed:
a.
Security measures, global positioning system (GPS) data, investigative
information, or investigative or surveillance techniques of any public
agency responsible for law enforcement or public safety that, if disclosed,
has the potential to endanger the health or safety of an individual
or the public.
b.
Any information or data provided to a tip line for the purpose of
safety or security at an educational institution that, if disclosed,
has the potential to endanger the health or safety of an individual
or the public.
c.
Any information contained in any suspicious activity report provided
to law enforcement that, if disclosed, has the potential to endanger
the health or safety of an individual or the public.
17.
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
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.
18.
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.
19.
The portion of a record that identifies
security systems or access codes or authorization codes for security
systems of real property.
20.
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.
21.
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.
22.
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.
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.
C.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The City of Gallatin 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:
