HomeMy WebLinkAbout2131 Amending City Code Chapter 125 Regarding Open Meetings and Open RecordsBILL NO. 2025-094 ORDINANCE NO. 2131
AN ORDINANCE AMENDING CHAPTER 125 OF THE CODE OF ORDINANCES OF
THE CITY OF RIVERSIDE, MISSOURI REGARDING OPEN MEETINGS AND OPEN
RECORDS
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI, AS FOLLOWS:
SECTION 1 -AMENDMENT. That City Code Chapter 125 is hereby amended to read
as follows:
Article I Introduction
Section 125.010. Policy Statement.
It is the policy of the City of Riverside, Missouri ("City") that meetings, records, votes,
actions and deliberations of the body shall be open to the public unless otherwise
prohibited by law. The City shall comply with the Missouri Sunshine Law, Chapter
610, RSMo.
Article II Records
Section 125.020. Custodian of Records Designated.
The City Clerk is hereby designated as the Custodian of Records ("Custodian") for
purposes of compliance with Chapter 610, RSMo (the "Sunshine Law").
Section 125.030. Requests.
While written requests for records are preferred, the Custodian may accept a verbal
request if it is sufficiently clear to identify the records sought. If a verbal request is
accepted, the Custodian should document it in writing to maintain a record of the
request. The requesting party should indicate the preferred method of response. In
the absence of such instructions, it will be assumed that the party prefers to receive a
response in the same form and manner as the request, to the extent feasible.
Section 125.040. Fees .
The Custodian shall provide access to and, upon request, furnish copies of public
records in accordance with Section 610.026, RSMo, subject to the following:
A. Paper Copies. Fees for paper copies not larger than nine by fourteen inches shall
not exceed ten cents ($0.10) per page. Charges for staff time required to make
copies shall not exceed the average hourly rate of pay for clerical staff of the City.
Research time required to fulfill records requests may be charged at the actual
cost of the research time. The City shall utilize employees that result in the lowest
amount of charges for search , research, and duplication time, based on the scope
of the request.
B . Electronic and Specialized Formats. For records maintained on computers, tapes,
disks, films, pictures, maps, slides , graphics, illustrations, or similar audio or visual
formats, or for paper copies larger than nine by fourteen inches, fees may include:
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the cost of copies; staff time (not to exceed the average hourly rate of pay for staff
required to make the copies and, if necessary, conduct programming); the cost of
the medium used for duplication . If maps, blueprints, or plats require duplication
by trained personnel with special expertise, fees may include the actual rate of
compensation for such personnel. If programming beyond the customary and
usual level is necessary to comply with the request, fees may include the actual
costs of such programming.
C. Advance Payment. Payment of fees may be requested prior to fulfilling the
request.
D. Fee Waiver or Reduction. Documents may be furnished without charge or at a
reduced charge when the Board of Aldermen, Mayor, or City Clerk determines
that the waiver or reduction is in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of the City and
is not primarily in the commercial interest of the requester.
E. Electronic Format Requests. If the requested records are maintained
electronically and the requester asks for them in electronic format, the records
shall be provided in that format if possible.
F. Withdrawal of Requests for Nonpayment. A request for public records shall be
considered withdrawn if the requester fails to remit payment of all fees within
ninety (90) days of a request for payment, or within one hundred fifty (150) days if
the requested fees exceed one thousand dollars ($1,000). The Custodian shall
provide notice of this deadline in the request for payment.
G. Clarification Requests. If the Custodian requests clarification of a public records
request and receives no response within ninety (90) days, or one hundred fifty
(150) days if the requested fees exceed one thousand dollars ($1,000), then
request shall be deemed withdrawn. The clarification request must include notice
of the applicable deadline.
H. Re-submitted Requests. If the same or a substantially similar request is submitted
within six (6) months after a request was deemed withdrawn for nonpayment or
failure to clarify, the City may require payment of the same fees charged for the
original request that expired, plus any additional allowable fees necessary to fulfill
the subsequent request.
Section 125.050. Closed Records.
All records of the City which are permitted to be closed records by reason of Chapter
610, RSMo, or any other law, are and shall be maintained as closed records.
Article Ill Meetings
Section 125.060. Notice of Public Meetings.
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Except as provided herein, the City shall give notice of the time, date, place of
meeting, a tentative agenda for all open public meetings and whether the meeting will
be open or closed at least twenty-four (24) hours in advance of any public meeting.
The notice shall be given by posting written notice on a bulletin board or in another
prominent place located in a public area in the principal office of the City. The twenty-
four (24) hour notice period shall not include weekends and holidays. Copies of the
meeting notice shall be made available at the same time notice is given to the
members of the public body to all members of the media who have submitted such a
request to the public body.
Section 125.070. Electronic Means.
If the public meeting will be conducted in whole or in part by electronic means, then
the notice must identify the mode by which the meeting will be conducted and must
designate a location where the public may observe and attend the meeting. If the
public meeting will be conducted by internet chat, internet message board or other
computer link, notice must inform the public about how to access the meeting.
Section 125.080. Notice of Closed Meetings. _
If it is anticipated that all or a portion of a public meeting is to be closed, the notice for
the meeting shall set forth the reason for its closure by reference to the specific
exception allowed pursuant to the provisions of Section 610.021, RSMo . Members of
the public shall be allowed to remain at a designated area on-site but outside of the
room in which a closed portion of a public meeting is conducted, so as to allow
members of the public to attend any subsequent portion of the public meeting that is
not closed .
Section 125.090. Notice of Emergency Meetings.
A public meeting may be held with less than twenty-four (24) hours' notice if there is
good cause to render such notice impossible or impractical. If such good cause
exists, then as much notice as is reasonably possible shall be given. Following the
opening of the public meeting, the nature of the cause justifying the departure from
the normal requirements shall be stated in the minutes.
Section 125.100. 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
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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.
Article IV Compliance with Section 610.028, RSMo
Section 125.110. Legal Defense.
The City may provide for the legal defense of any member charged with a violation of
Sections 610 .010 to 610 .030, RSMo, as permitted by law.
Section 125.120. Policy Protection.
This Sunshine Law Policy is intended to fulfill the requirements of Section 610.028,
RSMo, by establishing reasonable written procedures regarding the release of
information on meetings, records, and votes. Any member or employee of the City
who acts in good faith compliance with this policy shall not be deemed to have
violated the Sunshine Law and shall not be subject to civil liability arising from such
compliance.
Section 125.130. Whistleblower Protection.
No person who in good faith reports a violation of the Sunshine Law shall be subject
to civil liability or disciplinary action for doing so. If the reporting person is an officer or
employee of the City, they shall not be demoted, fired, suspended, or otherwise
disciplined for making such a report.
Article V Law Enforcement Records
Section 125.140. Law Enforcement Records.
Arrest Records, Expungement of Certain Criminal Records, 911 Reports, and Law
Enforcement Agency Records shall be governed by Chapter 610, RSMo.
SECTION 2-EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after the date of its passage and approval.
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BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of Aldermen and APPROVED by the
Mayor of the City of Riverside this 16th day of December 2025.
Mayor Kathleen L. Rose
ATTEST:
Melissa McChesney, City Clerk
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