FEATURE Review
by Kelly St. John and Jeremy Cover, Attorneys, Lauber Municipal Law, LLC
Public Safety:
What City Officials Need To Know
When discussing public safety issues within municipalities, there are often three fundamental categories: fire and emergency medical services, police and code enforcement. All persons in these departments serve crucial roles in our cities. When city officials have a better understanding of certain aspects of public safety, it is a benefit to everyone.
Dedicated Revenue Sources For cities interested in establishing a dedicated revenue source for public safety, there are two sales taxes of which city officials should be aware. Fire Protection Sales Tax The fire protection sales tax is available to cities and fire protection districts operating a fire department. Even though this sales tax is available to all cities that operate a fire department, it only applies to fire districts with identical boundaries to a city consisting of a population of at least 30,000, but not more than 35,000 residents, while being located in a first class county (except for St. Louis County). If approved by the voters, a sales tax of up to one-half of one percent (increased from one-quarter of one percent as of July 2019) is imposed for fire protection purposes.1 As a dedicated revenue source for a vital municipal service, most fire protection sales taxes placed on the ballot are approved by the voters. Public Safety Sales Tax Unlike the fire protection sales tax, the public safety sales tax is not currently available to all municipalities. For a city to have the ability to place this tax on the ballot, it must first 10
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obtain special statutory permission via the Missouri State Legislature. When and if a city obtains the necessary statutory authorization to place a public safety sales tax on the ballot, it is then subject to approval by the voters. The public safety sales tax can be imposed for up to one half of one percent and utilized for expenditures such as equipment, employee salaries and benefits, and facilities for police, fire and emergency medical providers.
Police Reports And Sunshine Law Issues There are three types of police reports and each one is treated differently under the Sunshine Law, Missouri’s open records law found in Chapter 610 of the Missouri Revised Statutes. Arrest reports, incident reports and investigative reports all have separate and specific limitations when it comes to obtaining or closing them. Arrest Reports An arrest report is defined as a “record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with a charge therefor.”2 While arrest is defined as the “actual restraint of the person of the defendant, whereby his or her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation that results in the issuance of a summons or the person being booked.”3 Under the Sunshine Law, arrest reports are considered open records, unless the charge is dismissed or unless there are no charges filed within 30 days of the arrest. Also, when a person is charged with a crime and receives a suspended imposition of sentence, those records are considered open until probation is successfully completed.
