As used in this Chapter, unless the context
otherwise indicates, the following terms mean:
COPYING
If requested by a member of the public, copies provided as detailed in Section
120.100 of this Chapter, if duplication equipment is available.
PUBLIC BUSINESS
All matters which relate in any way to performance of the
City's functions or the conduct of its business.
PUBLIC GOVERNMENTAL BODY
Any legislative, administrative or governmental entity created
by the Constitution or Statutes of this State, orders or ordinances
of the City, judicial entities when operating in an administrative
capacity or by executive order, including:
1.
Any advisory committee or commission appointed
by the Mayor or Board of Aldermen.
2.
Any department or division of the City.
3.
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.
4.
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.
5.
Any quasi-public governmental body. The term
"quasi-public governmental body" means any person, corporation or
partnership organized or authorized to do business in this State pursuant
to the provisions of Chapters 352, 353 or 355, RSMo., or unincorporated
association which either:
a.
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
b.
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.
PUBLIC MEETING
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.
PUBLIC RECORD
Any record, whether written or electronically stored, retained
by or of any public governmental body, including any report, survey,
memorandum, or other document or study prepared for the public governmental
body by a consultant or other professional service paid for in whole
or in part by public funds, including records created or maintained
by private contractors under an agreement with a public governmental
body or on behalf of a public governmental body. The term "public
record" shall not include any internal memorandum or letter received
or prepared by or on behalf of a member of a public governmental body
consisting of advice, opinions and recommendations in connection with
the deliberative decision-making process of said body, unless such
records are retained by the public governmental body or presented
at a public meeting. Any 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.
PUBLIC VOTE
Any vote, whether conducted in person, by telephone, or by
any other electronic means, cast at any public meeting of any public
governmental body.
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.
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.
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.
As used in this Article, the following terms
shall have the following definitions:
ARREST
An actual restraint of the person of the defendant, or by
his/her submission to the custody of the officer, under authority
of a warrant or otherwise for a criminal violation which results in
the issuance of a summons or the person being booked.
ARREST REPORT
A record of a law enforcement agency of an arrest and of
any detention or confinement incident thereto together with the charge
therefor.
INACTIVE
An investigation in which no further action will be taken
by a law enforcement agency or officer for any of the following reasons:
1.
A decision by the law enforcement agency not
to pursue the case.
2.
Expiration of the time to file criminal charges
pursuant to the applicable statute of limitations or ten (10) years
after the commission of the offense, whichever date earliest occurs.
3.
Finality of the convictions of all persons convicted
on the basis of the information contained in the investigative report,
by exhaustion of or expiration of all rights of appeal of such persons.
INCIDENT REPORT
A record of a law enforcement agency consisting of the date,
time, specific location, name of the victim, and immediate facts and
circumstances surrounding the initial report of a crime or incident,
including any logs of reported crimes, accidents and complaints maintained
by that agency.
INVESTIGATIVE REPORT
A record, other than an arrest or incident report, prepared
by personnel of a law enforcement agency inquiring into a crime or
suspected crime either in response to an incident report or in response
to evidence developed by law enforcement officers in the course of
their duties.
MOBILE VIDEO RECORDER
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.
MOBILE VIDEO RECORDING
Any data captured by a mobile video recorder, including audio,
video, and any metadata.
NON-PUBLIC LOCATION
A place where one would have a reasonable expectation of
privacy, including but not limited to a dwelling, school, or medical
facility.
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.