Wright City, MO
Warren County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 150.010 Open Meetings and Records Policy.

[Ord. No. 794 §I, 6-13-2013]
A. 
This Chapter 150, along with any supplemental policies adopted by any City governmental body, shall be considered the City of Wright City Open Meetings and Records Policy in compliance with the Missouri Sunshine Law. This Open Meetings and Records Policy and all other supplemental open meetings and records policies of the City shall be open to public inspection.
B. 
It is the public policy of the City of Wright City that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. To that end, the City hereby adopts all applicable provisions of Chapter 610 of the Revised Statutes of Missouri, as amended (hereinafter referred to as the "Missouri Sunshine Law"), as the open meetings and records policy of the City. This Chapter and the Missouri Sunshine Law shall be liberally construed and the exceptions strictly construed to promote this public policy.
C. 
Except as otherwise provided by law, all public meetings of City public governmental bodies shall be open to the public as set forth in Section 610.020 RSMo., all public records of public governmental bodies shall be open to the public for inspection and copying as set forth in Sections 610.023 to 610.026 RSMo., and all public votes of public governmental bodies shall be recorded as set forth in Section 610.015 RSMo. A copy of the Missouri Sunshine Law shall be made available for public use, inspection, and examination at City Hall during normal business hours.

Section 150.020 Custodian Designated; Response To Request For Access To Records.

[Ord. No. 794 §I, 6-13-2013]
A. 
The City Clerk or her designee shall be the custodian of records (referred to herein as the "custodian") 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. All requests for access to public records must be made in writing and addressed to the custodian. To maintain the integrity of official records and compliance with the Missouri Sunshine Law, only the custodian is authorized to receive and respond to requests subject to Missouri Sunshine Law requests on behalf of the City.
B. 
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. If records are requested in a certain format, the City 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.
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 business day following the date that the request for the statement is received.
D. 
It shall be unlawful for any person to remove original public records from City Hall or other office of a City public governmental body or the custodian without written permission of the custodian.
E. 
The City shall not 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.
F. 
Drafts, non-final versions of documents and other work product shall not constitute a "public record" unless as otherwise required by law. Nothing in this Chapter shall be deemed to require retention of a document not otherwise required by law to be retained.
G. 
If a public record contains material which is not exempt from disclosure as well as material which is exempt from disclosure, the public governmental body shall separate the exempt and nonexempt material and make the nonexempt material available for examination and copying.

Section 150.030 Meetings, Records and Votes To Be Public; Exceptions.

[Ord. No. 794 §I, 6-13-2013]
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 matters set out in Section 610.021 RSMo., as amended, as well as other materials designated elsewhere in this Chapter, shall be closed unless the public governmental body votes to make them public.

Section 150.040 Records of Internal Investigations; Investigations of Allegedly Illegal Conduct.

[Ord. No. 794 §I, 6-13-2013]
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.

Section 150.050 Records Pertaining To Operational Guidelines, Policies and Specific Response Plans.

[Ord. No. 794 §I, 6-13-2013]
Because disclosure would impair the City's ability to protect the security or safety of persons or real property, and because the public interest in nondisclosure outweighs the public interest in disclosure under the circumstances, it is hereby determined that all operational guidelines, policies and specific response plans developed, adopted, or maintained by any agency, department, board or commission of the City 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 shall be closed records; except that financial records related to the procurement of or expenditures relating to operational guidelines, policies or plans purchased with public funds shall be open records.

Section 150.060 Records Pertaining To Medical Condition or History.

[Ord. No. 794 §I, 6-13-2013]
A. 
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.

Section 150.070 Records Containing Confidential, Proprietary or Private Information.

[Ord. No. 794 §I, 6-13-2013]
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, to the extent authorized by law, excised from copies of City records disclosed or provided to members of the public other than those persons to whom the information of 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. 
In addition to any other remedies available to the City provided by law, 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, with the approval of the Board of Aldermen, may also utilize the procedures for judicial determination and/or opinion solicitation provided by law.

Section 150.080 Procedures For Resolving Questions of Public Accessibility.

[Ord. No. 794 §I, 6-13-2013]
In case of doubt about the legality of closing a particular meeting, record or vote, subject to approval by the Board of Aldermen, the City or the custodian may bring suit in the Circuit Court for the County of Warren to ascertain the propriety of such action. In addition, subject to approval by the Board of Aldermen, a City 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, any 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.

Section 150.090 Fees.

[Ord. No. 794 §I, 6-13-2013]
A. 
To the extent permitted by law, the custodian is authorized to impose fees for the City's cost of document search, research and duplication in complying with records requests. The maximum fees to be imposed by the custodian shall be the maximum amount permitted by the Missouri Sunshine Law, not to exceed the City's cost.
B. 
The custodian may request and receive payment prior to duplicating and/or searching for documents.

Section 150.100 Legal Defense of Members of City Governmental Bodies; Persons Reporting Violations Exempt From Liability and Discipline.

[Ord. No. 794 §I, 6-13-2013]
A. 
The Board of Aldermen may provide for the legal defense of any member of any City public governmental body charged with a violation of the Missouri Sunshine Law.
B. 
Any member of a City public governmental body or any employee of the City who complies with the City of Wright City Open Meetings and Records Policy is not guilty of a violation of the provisions of the Missouri Sunshine Law or this Chapter is subject to civil liability for any act arising out of his adherence to the City of Wright City Open Meetings and Records Policy.
C. 
No person who in good faith reports a violation of the provisions of the Missouri Sunshine Law or this Chapter is civilly liable for making such report, nor, if such person is an officer or employee of a public governmental body, may such person be demoted, fired, suspended or otherwise disciplined for making such report.

Section 150.110 Access to Closed Records.

[Ord. No. 794 §I, 6-13-2013]
A. 
No person shall be entitled access to any closed record except as permitted by this Section or as may be required by order of a court of competent jurisdiction. All closed records shall be subject to inspection and access by the Mayor, members of the Board of Aldermen, City Clerk, and City Attorney subject to the following qualifications:
1. 
Lawfully closed records pertaining to the performance or conduct of any of the above-listed individuals shall be further closed to such individuals if the document identifies the individual and the statutory basis for closure on its cover;
2. 
Medical records may be disclosed only as provided in Section 150.060;
3. 
No such person who has declared a conflict of interest preventing that official from acting on the matter shall be entitled to access the closed record where the record contains information that would create a conflict of interest or an apparent conflict of interest;
4. 
Records otherwise specifically prohibited from disclosure by law shall be disclosed only as permitted by such law;
5. 
Access to a specific document(s) may be established other than as provided in this Section by an order supported by an affirmative vote of a majority of the Board of Aldermen.

Section 150.120 Duty To Preserve Confidentiality.

[Ord. No. 794 §I, 6-13-2013]
Every member of a City public governmental body or other officer or employee of the City who attends a closed meeting of that public governmental body, or who has been supplied with closed record(s), either of which was closed pursuant to the exceptions to the Sunshine Law contained in Section 610.021, RSMo. (pertaining to closed meetings and records), has a duty to preserve the confidentiality of any and all information discussed or disclosed in that closed meeting and/or record. Any person found to have breached this duty may be excluded from attending subsequent closed meetings, may be denied access to closed records or may be otherwise reprimanded. A repeated violation of this duty shall be considered an impeachable offense for an elected official and grounds for removal or termination of any appointed official or employee.

Section 150.130 Notice of Meetings.

[Ord. No. 794 §I, 6-13-2013]
A. 
All public governmental bodies of the City 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. 
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.
C. 
Except as set forth in Subsection (D) 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 the facility 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. 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.
D. 
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 governing body 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 shall give notice conforming with all the requirements of Subsection (A) 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 (B) shall not apply to any matters that are subject to the provisions of this Subsection. 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 Subsection is not properly given, no vote on such issues shall be held until proper notice has been provided under this Subsection. For the purpose of this Subsection, a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055 RSMo.
E. 
Any legal action challenging the notice requirements provided in this Section shall be filed within thirty (30) days of the subject meeting, or such meeting shall be deemed to have been properly noticed and held.