§ 2-2050. Confidential information.

(a)

Defined. Confidential information means information which is not available to the general public under applicable laws, ordinances, and regulations and which is obtained by reason of the official's or employee's position with the city. In the event the information is in written form, the document containing said information shall be marked "confidential." If the document is not so marked, the information contained therein shall not be deemed to be confidential information under this code of ethics. Any person creating or disseminating a document containing information of a confidential nature shall be responsible for marking the document as "confidential."

(b)

Disclosure of confidential information.

(1)

Prohibited. No official or employee shall disclose any confidential information to persons not entitled to such.

(2)

Exceptions. This prohibition shall not apply to a disclosure if:

a.

The city council authorizes such disclosure upon an affirmative vote by a majority of the members of the city council present at a properly convened and authorized meeting of the council; or

b.

Pursuant to a final order of a court; or

c.

Pursuant to a final judicial determination that information conveyed or received at any closed session was improperly classified as confidential.

(c)

Closed sessions.

(1)

Disclosure prohibited. No person attending a properly convened and authorized closed session shall disclose to any person not in attendance at the closed session or not entitled to be in attendance at the closed session any confidential information which was made or received by any person present in the closed session and which is related to the topic(s) for which any such properly convened and properly authorized closed session was called.

(2)

Disclosure permitted.

a.

Authorization of the body. During the course of any closed session of the city council or any other body, any member may ask the other members who are present for the closed session to allow disclosure of any confidential information from the closed session, but such disclosure shall be authorized only upon an affirmative vote by a majority of those attending the closed session and entitled to vote.

b.

Post-meeting information. The provisions of this section shall not prohibit the disclosure of any information made or received after the matters discussed at the closed session and to which the information pertains have been lawfully released to the public.

c.

Application to persons entitled to attend a closed session. The provisions of this section shall apply to any person entitled to be in attendance at a closed session and who is later informed of the discussion at the closed session.

d.

Persons subject to the closed session discussion. The provisions of this section shall not apply to any person whose claim, employment or contract is the subject of the closed session.

(d)

Conflicts of interest. No person may attend a closed session at which a topic is to be discussed which creates a conflict of interest for that person, nor shall that person be entitled to the minutes of the closed session.

(e)

Policy. It is the expectation of the city council that councilmembers and other persons authorized to be present at properly convened and authorized closed sessions will refrain from disclosure of confidential information received at such closed sessions, subject to the right of any person attending such closed session to obtain a judicial determination of the matter.

(f)

Missouri Sunshine Law. Failure to mark any document "confidential" shall have no effect on the status of the document as an open or closed record under the Missouri Sunshine Law, RSMo ch. 610.

( Ord. No. 130249, § 2, 5-30-13 )