HomeMy Public PortalAboutORD14504 BILL NO. 2008-157
SPONSORED BY COUNCILMAN Medin
ORDINANCE NO. /'4'9
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE POLICY
OF THE CITY OF JEFFERSON REGARDING CLOSED RECORDS.
WHEREAS, Section 610.028(2) of the Open Meetings and Records law requires each
political subdivision to provide a reasonable written policy in compliance with
Sections 610.010 to 610.030 RSMo.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Chapter 2 (Administration) Section 3 (Policy on Records and Access to
Records), of the Code of the City of Jefferson, Missouri, is hereby amended as follows:
Sec.2-3. Policy on Records and Access to Records.
As section 610.028(21provides that each public body shall provide a reasonable written
policy in compliance with Missouri's Sunshine Law,the-policy of the Citv of Jefferson as to its
records and access to its records shall be as follows:
A. It is the public policy of the city that meetings,records,votes,actions and deliberations of
this body shall be conducted in compliance with applicable state statutes.(Ord. 13769,9-7-
2004)
B. All information will be released and made available in compliance with applicable state
statutes. (Ord. 13769, §1,9-7-2004)
C. All records which are closed by Missouri Statute shall be a closed record pursuant to
this golicy._The City Counselor is authorized to release a closed record pursuant to a Court
Order or,in his or her judgment le-aal expediency.
C-. D. The bulletin board located in the upstairs hall in City Hall, 320 East McCarty is hereby
designated as the official posting board for all council,boards,commissions,and committees
releases for both open and closed meetings. Whenever any meeting takes place outside of
City Hall,then required postings shall also be posted at the actual location of any such public
meeting. (Ord.No. 13418, §2,8-19-2002)
E. Records Pertaining to Internal Investigations and Investigations of Allegedly Illegal Conduct
1. 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 under the custody of the
respective department head.
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2. In order to protect the integrity and efficacy of investigations of criminal conduct
and the safety and well being of witnesses,complainants,Law Enforcement officials
and members of the public who cooperate with investigations, any information
acquired by a 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 and shall only be available upon request by Law
Enforcement Agencies or as otherwise provided by law. For the same reasons,
records of an administrative department or Law Enforcement Agency relating to
reports,accusations or investigations or conduct alleged or believed to be illegal or
otherwise contrary to law shall be closed records until:
a. The investigation is terminated;or
b. All suspected wrongdoers have been arrested or charged with an offense;
or
C. The department head determines that public disclosure of the record would
not unreasonably jeopardize such investigation.
$:F. Records Containing Confidential,Proprietary or Private Information
1. In order to protect reasonable expectations of privacy on the part of persons having
dealings with the City, records containing information or entries or 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,home address,home phone
number,and other information which reasonable persons generally regard as private
and not a customary subj ect 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:
a. Whether or not the requesting party has informed persons to whom the
requested information pertains of the request;and
b. All reasons why the requesting party believes disclosure by the City of the
specified information is in the public interest.
2. 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:
a. The requirements and intent of State Law, City ordinances and this
Section.
b. The legitimate expectations of privacy on the part of interested parties.
C. The personal, confidential, private or proprietary nature of this
information at issue.
d. 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
e. 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 interest
of the persons to whom the information pertains,the Clerk shall provide
the requested information to the requesting party.
3. 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.
F-G. Access by Elected Officials
No elected official shall have any greater right to access to closed records of the City than
the public at large except as to:
1. Minutes of Executive Sessions involving the bodies on which they hold an official
seat.
2. Records which the appropriate public body has voted to make accessible to the
official.
3. Records required by law to be accessible to the official.
(Ord.No. 12246, §1,3-6-95;Ord.No. 13769, §1,9-7-2004)
Section 2. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed Approved 4'�/ /5/
r iding Officer Mayor
ATTEST: A OVE A§ TO FORM:
City Clerk City Counselor
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