CHAPTER 120:  OPEN MEETINGS, RECORDS AND VOTES

Article I.  In General

§     120.010: Definitions

§     120.020: Meetings, Records And Votes To Be Public─Exceptions

§     120.030: Records Pertaining To Internal Investigations And Investigations Of Allegedly Illegal Conduct

§     120.040: Records Pertaining To Medical Condition Or History

§     120.050: Records Containing Confidential, Proprietary Or Private Information

§     120.060: Notice Of Meetings

§     120.070: Closed Meetings, How Held─Journals Of Meetings And Records Of Voting

§     120.080: Accessibility Of Meetings

§     120.090: Segregation Of Exempt Material

§     120.100: Reserved

§     120.110: Custodian Designated─Response To Request For Access To Records

§     120.120: Procedures For Resolving Questions Of Public Accessibility

§     120.130: Fees

Article II.  Law Enforcement Arrest Reports And Records, Etc.

§     120.140:       Definitions

§     120.150:       Law Enforcement Agency Records

§     120.160:       Effect Of Nolle Pros, Dismissal And Suspended Imposition Of Sentence On Records

§     120.170:       Public Access Of Closed Arrest Records

§     120.180:       "911" Telephone Reports

§     120.190:       Daily Log Or Record Maintained By Law Enforcement Agency Of Crimes, Accidents

Or Complaints─Public Access To Certain Information

§     120.200:       Deference To Regulations Of Law Enforcement Agency

ARTICLE I.  IN GENERAL

SECTION 120.010: DEFINITIONS

As used in this Chapter, unless the context otherwise indicates, the following terms mean:

CLOSED MEETING, CLOSED RECORD, or CLOSED VOTE:  Any meeting, record or vote closed to the public.

COPYING:  If requested by a member of the public, photocopies provided in accord with the cost schedule established by this Chapter, if duplication equipment is available.

PUBLIC BUSINESS:  All matters which relate in any way to the performance of the City's functions or the conduct of its business.

PUBLIC GOVERNMENTAL BODY:  Any legislative, administrative 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 other legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members having rulemaking or quasi-judicial power.

3.     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; and

4.     Any quasi-public governmental body.  The term "quasi-public governmental body" means any corporation organized or authorized to do business in this State under the provisions of Chapter 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 appropriations 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 corporeal or by means of communication equipment.  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.

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 and presented to the public governmental body by a consultant or other professional service paid in whole or in part by public funds.

PUBLIC VOTE:  Any vote cast at any public meeting of any public governmental body. 

(Ord. No. 445 §1, 11-9-93)

SECTION 120.020: MEETINGS, RECORDS AND VOTES TO BE PUBLIC─ EXCEPTIONS

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 or vote relating to litigation involving a public governmental body shall be made public upon final disposition of the matter voted upon; 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 must be made available 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 (72) hour period before such decision is made available to the public.  As used in this subdivision, the term "personal information" means information relating to the performance or merit of individual employees.

4.          Nonjudicial 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 earlier of either when the bids are opened, or all bids are accepted or all bids 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.  (Ord. No. 445 §2, 11-9-93)

SECTION 120.030: RECORDS PERTAINING TO INTERNAL INVESTIGATIONS AND

INVESTIGATIONS OF ALLEGEDLY ILLEGAL CONDUCT

In order to allow the fullest cooperation by employees and members of the public in investigation of matters wherein an employee of the City is alleged to have engaged in any form of misconduct, all files, records and documents relating to investigations of allegations of misconduct by City employees will be considered to be personnel records and shall be closed records. 

(Ord. No. 445 §3, 11-9-93; Ord. No. 507 §1, 5-13-97)

SECTION 120.040: RECORDS PERTAINING TO MEDICAL CONDITION OR HISTORY

All information obtained by the City regarding medical examinations, medical condition or medical history of City employees or job applicants, if retained by the City, shall be collected and maintained on separate forms and in separate medical files and shall be treated as closed and confidential records, except that:

1.          Supervisors and managers may be informed regarding necessary restrictions on the work duties of employees and necessary accommodations;

2.     First aid and safety personnel may be informed, when appropriate, if the information reflects the existence of a disability which might require emergency treatment; or

3.          Government Officials investigating compliance with State or Federal Law pertaining to treatment of persons with disabilities may be allowed access to such records.  (Ord. No. 445 §4, 11-9-93)

SECTION 120.050: RECORDS CONTAINING CONFIDENTIAL, PROPRIETARY OR

PRIVATE INFORMATION

A.    In order to protect reasonable expectations of privacy on the part of persons having dealings with the City, City records containing information or entries of a personal, confidential, private or proprietary nature, including, but not limited to, income, sales data, financial circumstances, household and family relationships, social security numbers, dates of birth, insurance information and other information which reasonable persons generally regard as private and not a customary subject for public discourse, which information or entries have been provided to the City by one complying with regulations requiring the disclosure of such information, shall be excised from copies of City records disclosed or provided to members of the public other than those persons to whom the information or entries pertain.  Persons desiring access to information or entries excised from such records may file a supplementary written request with the City Clerk for disclosure of material to be specified in the request, which request should state:

1.          Whether or not the requesting party has informed persons to whom the requested information pertains of the request; and

2.     All reasons why the requesting party believes disclosure by the City of the specified information is in the public interest.

B.    The City Clerk may afford all interested parties, including the persons to whom the information pertains, a reasonable time within which to comment on the requested disclosure prior to acting further on the request.  If an interested person objects to the disclosure of the requested information, the City Clerk may conduct a hearing at which all interested parties may be heard.  At such hearing the Clerk shall consider, among such other factors as may be reasonable and relevant:

1.     The requirements and intent of State law, City ordinances and this Policy;

2.     The legitimate expectations of privacy on the part of interested parties;

3.     The personal, confidential, private or proprietary nature of the information at issue;

4.          Whether the information was obtained by the City under compulsion of law or was freely and voluntarily provided by the persons objecting to the disclosure; and

5.     The public purposes to be served by disclosure of the requested information.  If the City Clerk determines that disclosure is legally required or would otherwise serve the best interests of the public and that such requirements or purpose outweigh the legitimate concerns or interests of the persons to whom the information pertains, the Clerk shall provide the requested information to the requesting party.

C.    In addition to or in lieu of the hearing described above, the City Clerk may afford all interested parties a reasonable opportunity to seek judicial review of or relief from the proposed disclosure.  The City Clerk may also utilize the procedures for judicial determination and/or opinion solicitation provided in Section 120.120 below.  (Ord. No. 445 §5, 11-9-93)

SECTION 120.060: NOTICE OF MEETINGS

A.    Each governmental body shall give notice of the time, date, place and tentative agenda of each meeting.  The notice shall be placed on the appropriate bulletin board at the City Hall at least twenty-four (24) hours prior to the meeting, exclusive of weekends and holidays when the City Hall is closed.  If an emergency makes it impossible to give twenty-four (24) hours notice, the reason must be reflected in the minutes.  Notice shall also be given to any representative of the news media who requests notice of meetings of a particular public governmental body.

B.    Each governmental body shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception.  The notice shall be the same as described in the preceding paragraph.  No other business may be discussed in a closed meeting which does not directly relate to the specific reason announced to close the meeting to the public.

C.    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.  (Ord. No. 445 §6, 11-9-93)

SECTION 120.070: CLOSED MEETINGS, HOW HELD─JOURNALS OF MEETINGS AND

RECORDS OF VOTING

A.    Before closing a meeting to the public, a majority of a quorum of a governmental body must vote to do so in a public vote or a notice of intent to hold a closed meeting with reference to specific exceptions allowing such closed meeting under Section 610.021, RSMo. must be given in accord with Section 120.060 above.  The vote of each member of the governmental body on the question of closing the meeting or vote and the reason for closing the meeting by reference to a specific exception shall be announced at a public meeting and entered into the minutes.

B.    A journal or minutes of open meetings shall be taken and retained by the City, 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.  Votes by members of a public governmental body at any meeting shall be recorded.  If 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 Body.  (Ord. No. 445 §7, 11-9-93)

SECTION 120.080: ACCESSIBILITY OF MEETINGS

Each meeting shall be held at a place reasonably accessible to the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical.  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.  (Ord. No. 445 §8, 11-9-93)

SECTION 120.090: SEGREGATION OF EXEMPT MATERIAL

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 nonexempt 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 nonexempt 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.  (Ord. No. 445 §9, 11-9-93)

SECTION 120.100: RESERVED

Editor's Note─Ord. no. 507 §2, adopted May 13, 1997, repealed section 120.100 in its entirety with no provisions for replacement.  Former section derived from ord. no. 445 §10, 11-9-93.  This section has been left reserved for the city's future use.

SECTION 120.110: CUSTODIAN DESIGNATED─RESPONSE TO REQUEST FOR ACCESS

TO RECORDS

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.    The custodian shall provide public access to all public records as soon as possible but no later than the third (3rd) business day following the date the request is received by the custodian.  If additional delay is necessary, the custodian shall give a detailed explanation for the delay and the place, earliest time, and the date the record will be available for inspection.

C.    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 (3rd) business day following the date that the request for the statement is received.  (Ord. No. 445 §11, 11-9-93)

SECTION 120.120: PROCEDURES FOR RESOLVING QUESTIONS OF PUBLIC

ACCESSIBILITY

A public governmental body or record custodian in doubt about the legality of closing a particular meeting, record or vote may, subject to approval by the Board of Aldermen, bring suit in the Circuit Court for the County of St. Louis to ascertain the propriety of such action.  In addition, subject to approval by the Board of Aldermen, the public governmental body or custodian may seek a formal opinion of the Attorney General or an attorney for the City regarding the propriety of such action.  In such events, the proposed closed meeting or public access to the record or vote shall be deferred for a reasonable time pending the outcome of the actions so taken.  (Ord. No. 445 §12, 11-9-93)

SECTION 120.130: FEES

The custodian shall charge twenty-five cents ($.25) per page for duplication costs and ten dollars ($10.00) per hour for document search.  The custodian shall receive (or may require) payment prior to duplicating documents.  (Ord. No. 445 §13, 11-9-93)

ARTICLE II.  LAW ENFORCEMENT ARREST REPORTS AND RECORDS, ETC.

SECTION 120.140: DEFINITIONS

As used in Sections 120.140 through 120.200, inclusive, 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.  (Ord. No. 507 §3, 5-13-97)

SECTION 120.150: LAW ENFORCEMENT AGENCY RECORDS

A.    The City's law enforcement agency shall maintain records of all incidents reported to the law enforcement agency, and investigations and arrests made by the law enforcement agency.  All incident reports and arrest reports shall be open records.  Notwithstanding any other provision of law other than the provisions of Subsection (C) of this Section or Section 320.083, RSMo., investigative reports of the law enforcement agency are closed records until the investigation becomes inactive.  If any person is arrested and not charged with an offense against the law within thirty (30) days of his/her arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed for purposes of exculpation and except as provided in Section 120.170.

B.    Except as provided in Subsections (C) and (D) of this Section, if any portion of a record or document of a law enforcement agency officer or the law enforcement agency, 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 law enforcement agency 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, 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 120.180 for purposes of investigation of any civil claim or defense, as provided by this Subsection.  Any individual, 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 accident, and may obtain access to other records closed by the law enforcement agency pursuant to this Section.  Within thirty (30) days of such request, the law enforcement agency shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction over the law enforcement agency stating that the safety of a 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 law enforcement agency, 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.    The victim of an offense under Chapter 566, RSMo., may request that his/her identity be kept confidential until a charge relating to said incident is filed.  (Ord. No. 507 §3, 5-13-97)

SECTION 120.160: EFFECT OF NOLLE PROS, DISMISSAL, AND SUSPENDED

IMPOSITION OF SENTENCE ON RECORDS

If the person arrested is charged but the case is subsequently nolle prossed or 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 that the disposition portion of the record may be accessed for purposes of exculpation and except as provided in Section 120.170.  (Ord. No. 507 §3, 5-13-97)

SECTION 120.170: PUBLIC ACCESS OF CLOSED ARREST RECORDS

A.    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 Section 43.507, RSMo.  They shall be available to the Sentencing Advisory Commission created in Section 558.019, RSMo., for the purpose of studying sentencing practices, and only to courts, law enforcement agencies, child care agencies as herein defined, Department of Revenue for driving record purposes, facilities as defined in Section 198.006, RSMo., in-home services provider agencies as defined in Section 660.250, RSMo., the Division of Workers' Compensation for the purposes of determining eligibility for Crime Victims' Compensation pursuant to Sections 595.010 to 595.075, RSMo., and Federal agencies for purposes of prosecution, sentencing, parole consideration, criminal justice employment, child care employment, nursing home employment, and to Federal agencies for such investigative purposes as authorized by law or presidential executive order.  These records shall be made available for the above purposes regardless of any previous statutory provision which had closed such records to certain agencies or for certain purposes.  All records which are closed records shall be removed from the records of the law enforcement agency 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 in not feasible because of the permanent nature of the record books, such record entries shall be blacked out and recopied in a confidential book.

B.    As used in this Section, the term "child care" includes providers and youth services agencies as those terms are defined in Section 43.540, RSMo., elementary and secondary school teachers, and elementary and secondary school bus drivers, whether such drivers are employed by a school or an entity which has contracted with the school to provide transportation services.  (Ord. No. 507 §3, 5-13-97)

SECTION 120.180: "911" TELEPHONE REPORTS

Except as provided by this Section, any information acquired by the law enforcement 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 report shall be considered to be an incident report and subject to Section 120.150.  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.  (Ord. No. 507 §3, 5-13-97)

SECTION 120.190: DAILY LOG OR RECORD MAINTAINED BY LAW ENFORCEMENT

AGENCY OF CRIMES, ACCIDENTS OR COMPLAINTS─PUBLIC

ACCESS TO CERTAIN INFORMATION

The law enforcement agency, 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:

1.     The time, substance, and location of all complaints or requests for assistance received by the law enforcement agency;

2.     The time and nature of the law enforcement agency's response for assistance;

3.     The time, date and location of occurrence;

4.     The name and age of any victim, unless the victim is a victim of a crime under Chapter 566, RSMo.;

5.     The factual circumstances surrounding the incident; and

6.     A general description of any injuries, property or weapons involved. 

(Ord. No. 507 §3, 5-13-97)

SECTION 120.200: DEFERENCE TO REGULATIONS OF LAW ENFORCEMENT AGENCY

The provisions of Sections 120.140 through 120.200 herein shall apply to the law enforcement agency which provides services to the City; however, if the regulations of the law enforcement agency conflict with the provisions of Sections 120.140 through 120.200, herein, then the regulations of the law enforcement agency shall govern as to records prepared by, or in the possession of, that agency.  (Ord. No. 507 §3, 5-13-97)