Section A - Board of Trustees
Policy Number A096
Open Meetings and Records

In compliance with RSMo 610.030 of the Open Meetings and Records law which requires
each political subdivision to provide a reasonable written policy making meetings, records
and votes of the St. Charles City-County Library District, any Board committees, and
inter-related corporations such as the St. Charles Library Building Corporation, the
Friends of the Library, and the St. Charles City-County Library Foundation are open to the
public. However, the St. Charles city-County Library District (herein referred as a public
governmental body) and its constituent organizations may close any meeting, record or vote
relating 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 of its
representatives and its attorneys. However, any body relating to litigation involving any
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.
- Lease, purchase or sale of real estate by a public governmental body where public
knowledge of the transaction might adversely affect the legal consideration therefore.
However, any vote or public record approving a contract relating to the lease, 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 an employee of a public governmental body.
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 with a record of how each member voted within seventy-two hours of
the close of the meeting where such action occurs; provided, however, that any employee so
affected shall be entitled to prompt notice before such decision is made available to the
public.
- Nonjudicial mental or physical health proceedings involving identifiable persons,
including medical, psychiatric, psychological or alcoholism or drug dependence diagnosis
or treatment.
- 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 if identifiable individuals.
- Preparation, including any discussions or work product, on behalf of a public
governmental body of its representatives for negotiations with employee groups.
- Software codes for electronic date 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 earlier of either when the bids are opened,
or all bids are accepted or all bids 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 by such.
- Records that are protected from disclosure by law.
- Meetings and public records relating to scientific and technological innovations in
which the owner has a proprietary interest.
- Confidential or privileged communications between a public governmental body and its
auditor, including all auditor work product.
- Operational guidelines and policies 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. Nothing in this exception shall be deemed to close information regarding
expenditures, purchases, or contracts made by an agency in implementing these guidelines
or policies. When seeking to close information pursuant to this exception, the agency
shall affirmatively state in writing that disclosure would impair its ability to protect
the safety or health of persons, and shall in the same writing state that the public
interest in nondisclosure outweighs the public interest in disclosure of the records. This
exception shall sunset on December 31, 2008.
- 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 owing 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.
Records related to the procurement of or expenditures relating to security systems
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 bodys ability to protect the security of safety of persons or real
property, and shall in the same writing state that the public interest in nondisclosure
outweighs the public interest in disclosure of the records.
Records that are voluntarily submitted by a nonpublic entity shall be reviewed within
ninety days of submission to determine if retention of the document is necessary in
furtherance of a security interest. If retention is not necessary, the documents shall be
returned to the nonpublic government body or destroyed.
- 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, date
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.
- 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.
- All records that may be closed hereby are deemed closed records unless the governmental
body votes to make them public. Before closing a meeting to the public, a majority of a
quorum of the governmental body must vote to do so in a public vote. The vote of each
member of the government body on the question of closing a meeting or vote and the reason
for closing the meeting by reference to a specific exception shall be announced at a
public meeting and entered into the minutes.
- The governmental body shall give notice of the time, date and place of a closed meeting
and the reason for holding it by reference to a specific exception. The notice shall be
the same as in (4) below. No other business may be discussed in a closed meeting that does
not directly relate to the specific reason announced to close the meeting to the public.
Public governmental bodies holding a closed meeting must 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.
- The governmental body shall give notice of the time, date, place and agenda of each
meeting. The notice shall be placed on the appropriate bulletin board at District
Administrative Offices at least 24 hours, exclusive of weekends and holidays, prior to the
meeting. If an emergency makes it impossible to give 24 hours notice, the reason must be
reflected in the minutes. Notice also shall be given to any representatives of the news
media who requests notice of a particular meeting.
- Each meeting shall be held at a place reasonably accessible to the public, and at a time
reasonably convenient to the public, unless for good cause such a place or time is
impossible or impractical. When it is necessary to hold a meeting on less than 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 he public, the nature of the good cause justifying that
departure form the normal requirement shall e stated in the minutes.
- 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.
- A public body shall allow for the recording by audiotape, videotape, or other electronic
means of any open meeting. A public body 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 provision of section
610.021 shall be permitted without permission of the public body; any person who violates
this provision shall be guilty of a class C misdemeanor.
- 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
members public office computer or the custodian of records in the same format. The
provisions of this section shall only apply to messages sent to two or more members of
that body so that, when counting the sender, a majority of the bodys members are
copied. Any such message received by the custodian or at the members office computer
shall be a public record subject to the exceptions above.
- The Coordinator of Finance and Support Services shall be the custodian of records and
will be responsible for maintenance and control of all records. The custodian shall
provide public access to all public records as soon as possible but no later than the
third business day following the date the request is received by the custodian. If
additional delay is necessary, the custodian shall give an explanation for the delay and
the date the record will be available for inspection.
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
requestor no later than the end of the third business day following the date the request
for the statement is received.
The custodian shall charge 10 cents per page (not to exceed 10 cents for 9 by 11
paper), the hourly rate for Class B1 (Secretary) and the actual cost of research time. The
custodian shall receive (or may require) payment prior to duplicating copies.
Fees for providing access to public records maintained on computer facilities,
recording, tapes or disks, videotapes or films, pictures, pays slides, graphic,
illustrations or similar audio or visual items or devices, and for paper copies larger
than nine by fourteen 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 costs of such programming.
The custodian may designate deputy custodians in the following departments: Branch
Mangers.
(Revised 8/9/04)
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