Chapter 120 – Open Meetings and Records Policy

Chapter 120

OPEN MEETINGS AND RECORDS POLICY

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, copies provided as detailed in Section

120.110 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 rulemaking 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:

1. 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

1. 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 subdivision 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.

Section 120.020. Meetings, Records and Votes To Be Public — Exceptions.

1. 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, vote or settlement

agreement relating to legal actions, causes of action or litigation involving a public

governmental body or any agent or entity representing its interests or acting on its

behalf or with its authority, including any insurance company acting on behalf of a

public governmental body as its insured, shall be made public upon final disposition

of the matter voted upon or upon the signing by the parties of the settlement

agreement, unless, prior to final disposition, the settlement agreement is ordered

closed by a court after a written finding that the adverse impact to a plaintiff or

plaintiffs to the action clearly outweighs the public policy considerations of Section

610.011, RSMo., however, the amount of any monies paid by, or on behalf of, the

public governmental body shall be disclosed; 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 shall be made available with a record of how each member voted

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 Subsection, the term

“personal information” means information relating to the performance or merit of

individual employees.

4. Non-judicial 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 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.

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.

14. Records relating to municipal hotlines established for the reporting of abuse and

wrongdoing.

15. Confidential or privileged communications between a public governmental body and

its auditor, including all auditor work product; however, all final audit reports issued

by the auditor are to be considered open records pursuant to this Chapter.

16. Operational guidelines, policies and specific response plans developed, adopted, or

maintained by any public agency 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. Financial records related to the procurement of

or expenditures relating to operational guidelines, policies or plans purchased with

public funds shall be open. When seeking to close information pursuant to this

exception, the public governmental body shall affirmatively state in writing that

disclosure would impair the public governmental body’s ability to protect the security

or safety of persons or real property, and shall in the same writing state that the public

interest in non-disclosure outweighs the public interest in disclosure of the records.

17. Existing or proposed security systems and structural plans of real property owned or

leased by a public governmental body, and information that is voluntarily submitted

by a non-public entity owning or operating an infrastructure to any public

governmental body for use by that body to devise plans for protection of that

infrastructure, the public disclosure of which would threaten public safety.

1. Records related to the procurement of or expenditures relating to security

systems purchased with public funds shall be open.

1. When seeking to close information pursuant to this exception, the public

governmental body shall affirmatively state in writing that disclosure would

impair the public governmental body’s ability to protect the security or safety of

persons or real property and shall in the same writing state that the public

interest in non-disclosure outweighs the public interest in disclosure of the

records.

1. Records that are voluntarily submitted by a non-public entity shall be reviewed

by the receiving agency within ninety (90) days of submission to determine if

retention of the document is necessary in furtherance of a State security interest.

If retention is not necessary, the documents shall be returned to the non-public

governmental body or destroyed.

18. The portion of a record that identifies security systems or access codes or

authorization codes for security systems of real property.

19. Records that identify the configuration of components or the operation of a computer,

computer system, computer network or telecommunications network and would allow

unauthorized access to or unlawful disruption of a computer, computer system,

computer network or telecommunications network of a public governmental body.

This exception shall not be used to limit or deny access to otherwise public records in

a file, document, data file or database containing public records. Records related to

the procurement of or expenditures relating to such computer, computer system,

computer network or telecommunications network, including the amount of monies

paid by, or on behalf of, a public governmental body for such computer, computer

system, computer network or telecommunications network, shall be open.

20. Credit card numbers, personal identification numbers, digital certificates, physical

and virtual keys, access codes or authorization codes that are used to protect the

security of electronic transactions between a public governmental body and a person

or entity doing business with a public governmental body. Nothing in this Section

shall be deemed to close the record of a person or entity using a credit card held in the

name of a public governmental body or any record of a transaction made by a person

using a credit card or other method of payment for which reimbursement is made by a

public governmental body.

Section 120.030. Electronic Transmissions — Public Record — When.

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 of 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.

Section 120.040. Notices of Meetings.

1. All public governmental bodies 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.

1. 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 City Hall

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.

1. The City shall allow for the recording by audiotape, videotape or other electronic means of

any open meeting. The City may establish guidelines regarding the manner in which such

recording is conducted so as to minimize disruption to the meeting. No audio recording of

any meeting, record or vote closed pursuant to the provisions of Section 120.020 shall be

permitted without permission of the City; any person who violates this provision shall be

guilty of an ordinance violation.

1. Each 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 a specific exception allowed pursuant to Section 120.020 hereof. The notice

shall be the same as described in Subsection (A) herein.

1. 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.

Section 120.045. Notice Required For Public Meeting On Tax Increases, Eminent Domain,

Creation of Certain Districts, and Certain Redevelopment Plans.

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.

Section 120.050. Closed Meetings — How Held.

120. Except as set forth in Subsection (D) of Section 120.040, 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 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 Chapter shall be announced publicly at an open

meeting of the governmental body and entered into the minutes.

120. Any meeting or vote closed pursuant to Section 120.020 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. Public governmental bodies holding a closed meeting shall close only an existing

portion of the meeting facility necessary to house the members of the public governmental

body in the closed session, allowing members of the public to remain to attend any

subsequent open session held by the public governmental body following the closed

session.

Section 120.060. Journals of Meetings and Records of Voting.

120. Except as provided in Section 120.020, rules authorized pursuant to Article III of the

Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if

a roll call is taken, as to attribute each “yea” and “nay” vote, or abstinence if not voting, to

the name of the individual member of the public governmental body. Any votes taken

during a closed meeting shall be taken by roll call. All public meetings shall be open to the

public and public votes and public records shall be open to the public for inspection and

duplication. All votes taken by roll call in meetings of a public governmental body

consisting of members who are all elected, shall be cast by members of the public

governmental body who are physically present and in attendance at the meeting or who are

participating via video-conferencing. When it is necessary to take votes by roll call in a

meeting of the public governmental body, due to an emergency of the public body, with a

quorum of the members of the public body physically present and in attendance and less

than a quorum of the members of the public governmental body participating via telephone,

facsimile, Internet, or any other voice or electronic means, the nature of the emergency of

the public body justifying that departure from the normal requirements shall be stated in the

minutes. Where such emergency exists, the votes taken shall be regarded as if all members

were physically present and in attendance at the meeting.

1. A journal or minutes of open and closed meetings shall be taken and retained by the public

governmental body 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. When 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 public governmental body.

Section 120.070. Accessibility of Meetings.

1. 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.

1. 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.

Section 120.080. 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 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.

Section 120.090. Custodian Designated — Response To Request For Access To Records.

1. 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.

1. Each public governmental body shall make available for inspection and copying by the

public of that body’s public records. No person shall remove original public records from

the office of a public governmental body or its custodian without written permission of the

designated custodian. No public governmental body shall, after August 28, 1998, 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.

1. 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 (3rd) business day following the date the request is

received by the custodian of records of a public governmental body. If records are

requested in a certain format, the public body 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.

1. 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.

Section 120.100. (Reserved)

Section 120.110. Fees For Copying Public Records — Limitations.

1. Except as otherwise provided by law, each public governmental body shall provide access

to and, upon request, furnish copies of public records subject to the following:

1. Fees for copying public records, except those records restricted under Section 32.091,

RSMo., shall not exceed ten cents ($.10) per page for a paper copy not larger than

nine (9) by fourteen (14) inches, with the hourly fee for duplicating time not to

exceed the average hourly rate of pay for clerical staff of the public governmental

body. Research time required for fulfilling records requests may be charged at the

actual cost of research time. Based on the scope of the request, the public

governmental body shall produce the copies using employees of the body that result

in the lowest amount of charges for search, research, and duplication time. Prior to

producing copies of the requested records, the person requesting the records may

request the public governmental body to provide an estimate of the cost to the person

requesting the records. Documents may be furnished without charge or at a reduced

charge when the public governmental body determines that waiver or reduction of the

fee is in the public interest because it is likely to contribute significantly to public

understanding of the operations or activities of the public governmental body and is

not primarily in the commercial interest of the requester.

2. Fees for providing access to public records maintained on computer facilities,

recording tapes or disks, videotapes or films, pictures, maps, slides, graphics,

illustrations or similar audio or visual items or devices, and for paper copies larger

than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time,

which shall not exceed the average hourly rate of pay for staff of the public

governmental body required for making copies and programming, if necessary, and

the cost of the disk, tape or other medium used for the duplication. Fees for maps,

blueprints or plats that require special expertise to duplicate may include the actual

rate of compensation for the trained personnel required to duplicate such maps,

blueprints or plats. If programming is required beyond the customary and usual level

to comply with a request for records or information, the fees for compliance may

include the actual cost of such programming.

1. Payment of such copying fees may be requested prior to the making of copies.

ARTICLE II

Law Enforcement Arrest Reports and Records, Incident Reports, Etc.

Section 120.120. Definitions.

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.

Section 120.130. Police Department Records.

1. The Police Department of the City shall maintain records of all incidents reported to the

Police Department and investigations and arrests made by the Police Department. 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 Police Department 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 the person’s arrest, the arrest report shall

thereafter be a closed record except that the disposition portion of the record may be

accessed and except as provided in Section 120.150.

1. Except as provided in Subsections (C) and (D) of this Section, if any portion of a record or

document of a Police Department Officer or the Police Department, 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 Police Department

investigations or prosecutions, that portion of the record shall be closed and shall be

redacted from any record made available pursuant to this Chapter.

1. Any person, a family member of such person within the first degree of consanguinity of

such person if deceased or incompetent, 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 120.150 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 incident and may obtain access to other records closed by the Police Department

pursuant to this Section. Within thirty (30) days of such request, the Police Department

shall provide the requested material or file a motion pursuant to this Subsection with the

Circuit Court having jurisdiction over the Police Department stating that the safety of the

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 Police Department, 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.

1. Any person may apply pursuant to this Subsection to the Circuit Court having jurisdiction

for an order requiring a Law Enforcement Agency to open incident reports and arrest

reports being unlawfully closed pursuant to the Section. If the court finds by a

preponderance of the evidence that the Law Enforcement Officer or Agency has knowingly

violated this Section, the officer or agency shall be subject to a civil penalty in an amount

up to one thousand dollars ($1,000.00). If the court finds that there is a knowing violation

of this Section, the court may order payment by such officer or agency of all costs and

attorneys’ fees, as provided by Section 610.027, RSMo. If the court finds by a

preponderance of the evidence that the Law Enforcement Officer or Agency has purposely

violated this Section, the officer or agency shall be subject to a civil penalty in an amount

up to five thousand dollars ($5,000.00) and the court shall order payment by such officer or

agency of all costs and attorney fees, as provided in Section 610.027, RSMo. The court

shall determine the amount of the penalty by taking into account the size of the jurisdiction,

the seriousness of the offense, and whether the Law Enforcement Officer or Agency has

violated this Section previously.

1. The victim of an offense as provided in Chapter 566, RSMo., may request that his/her

identity be kept confidential until a charge relating to such incident is filed.

Section 120.140. Effect of Nolle Pros, Dismissal and Suspended Imposition of Sentence On

Records.

1. If the person arrested is charged but the case is subsequently nolle prossed, 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 as provided in Subsection (B)

of this Section and Section 120.150 and except that the court’s judgment or order or the

final action taken by the prosecutor in such matters may be accessed. If the accused is

found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo.,

official records pertaining to the case shall thereafter be closed records upon such findings,

except that the disposition may be accessed only by law enforcement agencies, child care

agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider

agencies as defined in Section 660.250, RSMo., in the manner established by Section

120.150.

1. If the person arrested is charged with an offense found in Chapter 566, RSMo., Section

568.045, 568.050, 568.060, 568.065, 568.080, 568.090 or 568.175, RSMo., and an

imposition of sentence is suspended in the court in which the action is prosecuted, the

official records pertaining to the case shall be made available to the victim for the purpose

of using the records in his/her own judicial proceeding or if the victim is a minor to the

victim’s parents or guardian, upon request.

Section 120.150. Public Access of Closed Arrest Records.

610. Except as otherwise provided under Section 610.124, RSMo., 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. The

closed records shall be available to: criminal justice agencies for the administration of

criminal justice pursuant to Section 43.500, RSMo., criminal justice employment,

screening persons with access to criminal justice facilities, procedures and sensitive

information; to law enforcement agencies for issuance or renewal of a license, permit,

certification, or registration of authority from such agency including, but not limited to,

watchmen, security personnel, private investigators, and persons seeking permits to

purchase or possess a firearm; those agencies authorized by Section 43.543, RSMo., to

submit and when submitting fingerprints to the central repository; the Sentencing Advisory

Commission created in Section 558.019, RSMo., for the purpose of studying sentencing

practices in accordance with Section 43.507, RSMo.; to qualified entities for the purpose of

screening providers defined in Section 43.540, RSMo.; the Department of Revenue for

driver license administration; the Department of Public Safety for the purposes of

determining eligibility for crime victims’ compensation pursuant to Sections 595.010 to

595.075, RSMo.; Department of Health and Senior Services for the purpose of licensing

and regulating facilities and regulating in-home services provider agencies and Federal

agencies for purposes of criminal justice administration, criminal justice employment,

child, elderly, or disabled care, and for such investigative purposes as authorized by law or

presidential executive order.

1. These records shall be made available only for the purposes and to the entities listed in this

Section. A criminal justice agency receiving a request for criminal history information

under its control may require positive identification, to include fingerprints of the subject of

the record search, prior to releasing closed record information. Dissemination of closed and

open records from the Missouri criminal records repository shall be in accordance with

Section 43.509, RSMo. All records which are closed records shall be removed from the

records of the Police Department 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 is not feasible because

of the permanent nature of the record books, such record entries shall be blacked out and

recopied in a confidential book.

Section 120.160. “911” Telephone Reports.

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 120.130. 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.

Section 120.170. Daily Log or Record Maintained By Police Department of Crimes, Accidents or

Complaints — Public Access To Certain Information.

1. The City of Goodman Police Department, 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 Police Department;

2. The time and nature of the Police Department’s response to all complaints or requests

for assistance; and

3. If the incident involves an alleged offense or infraction:
4. The time, date and location of occurrence;
5. The name and age of any victim, unless the victim is a victim of a crime under

Chapter 566, RSMo.;

1. The factual circumstances surrounding the incident; and
2. A general description of any injuries, property or weapons involved.