City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
Except to the extent disclosure is otherwise required by law, a public governmental body is authorized to close meetings, records and votes, to the extent they relate to the following:
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;
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;
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;
The State militia or National Guard or any part thereof;
Nonjudicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment;
Scholastic probation, expulsion, or graduation of identifiable individuals, including records of individual test or examination scores; however, personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen (18) years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen (18) years;
Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again;
Welfare cases of identifiable individuals;
Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups;
Software codes for electronic data processing and documentation thereof;
Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid;
Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract, until a contract is executed, or all proposals are rejected;
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;
Records which are protected from disclosure by law;
Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest.
Except as set forth in Subsection (B) of this Section, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the public governmental body on the question of closing a public meeting or vote and the specific reason for closing that public meeting or vote by reference to a specific Section of this Article shall be announced publicly at an open meeting of the governmental body and entered into the minutes.
A public governmental body proposing to hold a closed meeting or vote shall give notice of the time, date and place of such closed meeting or vote and the reason for holding it by reference to the specific exception allowed under the provisions of Section 125.010 hereof. Such notice shall comply with the procedures set forth in Section 610.020, RSMo., for notice of a public meeting.
Any meeting or vote closed pursuant to Section 125.010 shall be closed only to the extent necessary for the specific reason announced to justify the closed meeting or vote. Public governmental bodies shall not discuss any business in a closed meeting, record or vote which does not directly relate to the specific reason announced to justify the closed meeting or vote.
Nothing in this Article shall be construed as to require a public governmental body to hold a closed meeting, record or vote to discuss or act upon any matter.
Public records shall be presumed to be open unless otherwise exempt under the provisions of Section 125.010.
[Ord. No. 473 §1, 6-8-2000]
The City is to appoint a custodian as set out in Section 125.040, who is to be responsible for the maintenance of the City's records. The identity and location of the City's custodian is to be made available upon request.
The City shall make available for inspection, by the public, the City's public records. No person shall remove original public records from the office of the City or its custodian without written permission of the designated custodian. Copies of the records will be made by the custodian at a cost of one dollar ($1.00) per printed page and pre-payment will be required.
Each request for access to a public record or copying of a public record must be in writing and shall be acted upon as soon as possible, but in no event later than the end of the third (3rd) business day following the date the request is received by the custodian of records of the City. 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.
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.
The records of the City shall be kept in the custody of the City Clerk.
As used in this Article, the word "record" or "records" shall mean any document, book, paper, photograph, map, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in this Article, and are hereinafter designated as "non-record" materials.
The City Clerk may designate a subordinate or another City Official authority to have temporary custody of City records, after satisfying himself/herself as to the safety of said records.
All records made or received by or under the authority of or coming into the custody, control or possession of local officials in the course of their public duties are the property of the City and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law.
No record shall be destroyed or otherwise disposed of unless it is determined that the record has no further administrative, legal, fiscal, research or historical value.
Non-record materials or materials not included within the definition of records may, if not otherwise prohibited by law, be destroyed at any time, if same have the approval of the Missouri Local Records Board.
Records of the City may be disposed of or destroyed without the approval of the Missouri Local Records Board, if the same is permitted by the State Municipal Records Manual. Records may be retained for a period of time longer than the minimum retention period required by the State Municipal Records Manual, at the discretion of the Board of Aldermen.