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 City Council.
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.
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.
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.
The portion of a record that identifies security
systems or access codes or authorization codes for security systems
of real property.
19.
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.
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.
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 City Council is required
to implement a tax increase, or with respect to a retail development
project when the City Council 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 City Council
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 video-conferencing. 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 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, private
investigators, and persons seeking permits to purchase or possess
a firearm; 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 Marshall 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:
