Series 105 2004 ORDINANCES/RESOLUTIONS
Section 105-490; Ord. 18249; Amending Chapter 2 of the City Code as it relates to public records, meetings and votes
Bill No. B 309-04
amending Chapter 2 of the City Code as it relates to public records, meetings and votes;
fixing the time when this ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
SECTION 1. Chapter 2 of the Code of Ordinances of the
City of Columbia, Missouri, is
hereby amended as follows:
Material to be deleted in
strikeout; material to be added underlined.
Sec. 2-23. Definitions.
As used in sections 2-23 through 2-25.9 unless the context otherwise
indicates, the following
. . .
Public meeting. Any meeting of a public governmental body at which any public business is
discussed, decided, or public policy formulated, whether the meeting is conducted in person or
by means of communications equipment, including but not limited to, conference call, video
conference, internet chat, or internet message board. Public meeting
not include an informal gathering of members of a governmental body for ministerial or
social purposes when there is no intent to avoid the purposes of this article.
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
and presented to for the public government body by a consultant or
service paid for in whole or in part by public funds including records created or maintained by
private contractors under an agreement with the city. The term "public record" shall not
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 the public governmental body, unless such records are
retained by the public governmental body or presented at a public meeting.
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.
Sec. 2-24. Meetings, votes, records to be open to public.
(a) Except as otherwise provided by
ordinance, all public meetings of public governmental
bodies shall be open to the public.
. . .
(e) Any person may record any open public meeting by audiotape, videotape,
electronic means provided the recording is done in a manner that does not disrupt the meeting.
Sec. 2-25. Notice of meetings.
(a) 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.
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
governmental body concurrent with the notice being made available to
the members of the particular governmental body. Reasonable notice shall also include posting
the notice on the bulletin board in the fourth floor hallway of the Daniel Boone Building, 701
East Broadway and on a bulletin board or other prominent place which is easily accessible to the
public and clearly designated for that purpose in the building in which the meeting is to be held.
. . .
Sec. 2-25.1. Closed meetings and votes.
Except to the extent otherwise required by ordinance, a public
governmental body is
authorized to close meetings and votes, to the extent they relate to the following:
. . .
(3) Hiring, firing, disciplining or promoting
of particular employees by a public
governmental body when personal information about the employee is discussed. 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 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 section, the term "personal information"
means information relating to the performance or merit of individual employees.
. . .
Sec. 2-25.3. Closed records.
All city records to the extent they relate to the following
shall be closed records to the extent
allowed by law:
. . .
(3) 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 public record approving a contract relating to the leasing, purchase or sale of real estate by a
public governmental body shall be made public
within seventy-two (72) hours after upon
execution of the lease, purchase or sale of the real estate.
(4) Hiring, firing, disciplining or promoting
of particular employees by a public
governmental body when personal information about the employee is recorded. However, the
record of 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 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 actions occurred; provided, however, that an 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 section, the term "personal
information" means information relating to the performance or merit of individual employees.
. . .
(17) Confidential or privileged communications
between a public governmental body and its
auditor, including all auditor work product; provided, however, that
all final audit reports issued
by the auditor including the annual independent financial audit report shall be
and the city manager may declare individual internal audit reports to be open records.
Operational guidelines and policies developed, adopted or maintained by any city
department 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. Nothing in this
exception shall be deemed to close information regarding expenditures, purchases, or contracts
made by any city department in implementing these guidelines or policies. The city council finds
that disclosure of such records would impair the citys ability to protect the safety or health
persons and further states that the public interest in nondisclosure outweighs the public interest
in disclosure of the records.
1819) Existing and proposed security systems and structural
plans of real property owned or
leased by the city, 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.
The city council finds that disclosure of such records would impair the city's ability to protect the
security and safety of persons and real property, and that the public interest in nondisclosure
outweighs the public interest in disclosure of the records. Records related to the procurement of
or expenditures relating to security systems shall be open except to the extent provided in this
1920) 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 moneys paid by, or on behalf of, a public governmental body for such
computer, computer system, computer network, or telecommunications network, shall be open
except to the extent provided in this section; and
2021) 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.
Sec. 2-25.4. Availability of public records.
Each public governmental body is to appoint a custodian who is to be responsible for the
maintenance of that body's records. The identity and location of a public governmental body's
custodian is to be made available upon request. The city clerk shall be the custodian of the
(b) Each department head shall be the custodian of the departments
records unless the
department head appoints one or more record custodians and notifies the city clerk of each
(c) The head of each city office or department responsible for staffing
a city board,
commission, committee, task force or similar group shall be the record custodian of the groups
records unless the head of the office or department appoints another person to serve as record
custodian and notifies the city clerk of the appointment.
(d) The city clerk shall maintain a complete list of the identity,
location and telephone
number of each record custodian for each city department, board, commission, committee, task
force and similar group.
be) 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.
cf) 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 that the request is
received by the custodian of records of a public governmental body. If records are requested
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
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.
dg) If a request for access is denied, the custodian
shall provide, upon request, a written
statement on the grounds of 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.
Sec. 2-25.5. Fees.
(a) 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 shall
ten (10) cents 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 city. 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 city shall produce the copies using employees 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 city to provide an estimate of the cost
to the person requesting the records
the actual cost of document search and duplication.
request, the public governmental body shall certify in writing that the actual cost of document
search and duplication is fair, reasonable and does not exceed the actual cost incurred by the
public governmental body. 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
activities of the public governmental body and is not primarily in the commercial interest of the
(2) Fees for providing access to public
records maintained on computer facilities, recording
discs disks, video tapes 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
copies, staff time which shall not exceed the average hourly rate of pay for staff of the city
required for making copies and programming, if necessary, and the cost of the disk,
or tape or
other medium used for the duplication. Fees for maps, blueprints, or plats that require
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.
(b) Payment of such copying fees may
be requested prior to the making of copies.
SECTION 2. This ordinance shall be in full force and effect
from and after its passage.
PASSED this 20th day of September, 2004.