As used in this Chapter, in addition
to the definitions set forth in Section 610.010, RSMo., the following
terms mean:
The City of Fenton, including the City Governmental Body.
Any body, agency, board, council,
commission, or committee of the City, whether operating in a legislative
or administrative capacity, or the municipal court of the City when
operating in an administrative capacity, including:
Any committee appointed by or at
the direction of any of the above-referenced entities and which is
authorized to report to any of those entities; or
Any advisory committee appointed
by or at the direction of any of the named entities for the specific
purpose of recommending, directly to the Board or the City Clerk,
policy or policy revisions or expenditures of public funds.
Any quasi-public governmental body.
The Custodian of Records of the City
shall maintain a list of any such policy advisory committees.
Any meeting, record, or vote closed to the public.
Duplication of records.
The City Clerk and/or his/her designees who is responsible
for maintenance and control of all Records of the City Governmental
Bodies.
Any meeting of a City 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 City 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 City Governmental Body, by electronic communication or any other
means, conducted in lieu of holding a public meeting with the members
of the City Governmental Body gathered at one (1) location in order
to conduct public business.
The physical location where meetings of the City Governmental
Body are typically held, or as provided in a notice provided in accordance
with the Sunshine Law.
Any record, whether written or electronically stored, retained
by or of any City Governmental Body including any report, survey,
memorandum, or other document or study prepared for the City 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 City Governmental
Body or on behalf of a City Governmental Body. The term "record" shall
not include any internal memorandum or letter received or prepared
by or on behalf of a member of a City Governmental Body consisting
of advice, opinions, and recommendations in connection with the deliberative
decisionmaking process of said body, unless such records are retained
by the City Governmental Body or presented at a public meeting. Any
documents or study prepared for a City Governmental Body by a consultant
or other professional service on behalf of the City Governmental Body
shall be retained by the City Governmental Body in the same manner
as any other record.
A means of communication where at least one member of a public
government body participates in the public meeting via an electronic
connection made up of at least three (3) components:
A live video transmission of the
member of the public governmental body not in physical attendance;
A live audio and video transmission
allowing the member of the public governmental body not in physical
attendance to be heard and seen by those also attending via video
conference and those attending in physical attendance; and
A live audio and video transmission
allowing the member of the public governmental body not in physical
attendance to hear and see those in physical attendance at a meeting.
It is the policy of the City that
Meetings, Records, votes, actions, and deliberations of the City be
open to the public unless otherwise provided by law. Except as otherwise
provided by law and this Chapter, all meetings of the City shall be
open to the public as set forth in Section 610.020, RSMo., all Records
of the City shall be available to the public for inspection and Copying
as set forth in Sections 610.023 through 610.026, RSMo., and all public
votes of the City shall be recorded as set forth in Section 610.015,
RSMo. In the event that any provision of this Chapter is determined
to conflict with the provisions of the Sunshine Law, this Chapter
is hereby automatically amended to delete the conflicting provision
to the extent of the conflict.
A.
Notice Content; Posting. All City Governmental
Bodies shall give notice of the time, date, and meeting place for
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 City 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.
Time For Notice. 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 City Governmental Body unless for good cause, in which case as much notice as is reasonably possible shall be given.
C.
Recording. 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 this Chapter shall be permitted without permission
of the City; any person who violates this provision shall be guilty
of an ordinance violation.
D.
Closed Meeting Notice. Each City Governmental Body proposing to hold a closed meeting or vote shall give notice of the time, date, and meeting place of such closed meeting or vote and the reason for holding it by reference to a specific exception allowed pursuant to this Chapter. The notice shall be the same as described in Subsection (A) herein.
E.
Subunit Meeting Notice Exemption. 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.
Minutes of open and closed meetings
shall be taken and retained by the City Governmental Body including,
but not limited to, a record of any vote taken at such meeting. The
minutes shall include the date, time, meeting 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 City Governmental Body.
A.
Location Requirements. 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.
Notice And Location Exceptions. 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.
