This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Stephen Guyer, Appellant, v. City of Kirkwood, Respondent. The Bureau concluded the complaint was unfounded and gave its report to the City. The City denied Guyer's request for the record, and the circuit court held the record exempt from mandatory disclosure under the Sunshine Law.
Public policy presuming open records and language strictly construing exceptions favors disclosure.
The original citizen's complaint qualifies as an incident report, which is open. The Bureau's report qualifies as an investigative report under the statute only if it was directed to alleged criminal conduct. The record on appeal does not establish this. The case must be remanded to determine whether the complaint implicated criminal conduct. If so, it should be presumed that such conduct was the subject of the investigation and the report must be disclosed.