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Hemeyer v. KRCG-TV3/9/1999
54950: John C. Hemeyer, Sheriff of Cole County, Respondent, v. KRCG-TV, Appellant, Jeremiah Nixon, Amicus Curiae.
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Appeal From: Circuit Court of Cole County, Hon. Byron L. Kinder
Opinion Summary
On July 25, 1997, a security camera in the booking area of the Cole County Jail apparently recorded a portion of the booking of Representative Mark Richardson. KRCG-TV, a Jefferson City television station, requested all documentation surrounding Richardson's arrest, including a copy of the booking tape. Pursuant to section 610.027.5, Sheriff John Hemeyer filed a petition for declaratory judgment to determine whether the tape constituted a record under Chapter 610, commonly referred to as the Sunshine Law. On August 26, 1997, the trial court ruled that the video tape in question was not a public record of a government body made pursuant to law or in connection with the transaction of official business, and therefore, not subject to the disclosure requirements of Chapter 610. KRCG-TV appeals from that ruling.
REVERSED AND REMANDED.
Division III holds: The plain meaning of section 610.010(6) is that a record must be retained in order to be a public record. Here, the videotape in question was merely a transitory representation intended for prompt destruction. The trial court erred by failing to enter an award of attorney's fees to KRCG-TV. The issues relating to attorney's fees may be addressed by the trial court on remand. The judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.
Opinion Vote: REVERSED AND REMANDED. Smart, Jr., P.J., and Howard, J., concur.
Opinion
KRCG-TV, a Jefferson City television station, appeals from a judgment of the Circuit Court of Cole County declaring that a videotape recorded by security cameras of scenes within non-public areas of the Cole County jail was neither a "public record" as defined in section 610.010(6) , nor an arrest record as contemplated in section 610.100 , and accordingly was not required to be disclosed pursuant to Chapter 610, commonly referred to as the Sunshine Law.
To provide safety for both the prisoners and the staff at the Cole County Jail, approximately twenty-eight video cameras have been installed throughout the facility. The cameras are connected to monitors that allow the Sheriff's department to observe events that transpire in the facility. The videotaping system records the video feed from only one camera at a time. Normally, the recording system rotates sequentially from camera to camera. When the person watching the monitors suspects a potential problem, he is supposed to push a button to override the sequential rotation of the cameras. This security measure allows the system to record from a particular camera for an extended period of time. The purpose behind the videotaping system is to maintain a safe and secure prison facility. The videotaping system runs continually. Each tape records for four hours, thus the facility uses six tapes per day. The facility maintains a bank of tapes, which are numbered and used sequentially. Each tape is reused approximately every four and one-half days.
On the evening of April 25, 1997, State Representative Mark Richardson was arrested in Cole County, Missouri and charged with driving while intoxicated. One of the security cameras is installed in the booking area of the jail and some part of the booking of Representative Richardson was apparently recorded during the normal sequential rotation of the security system f
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