Editor's Note — Former Chapter 145, Park and Recreation/Tree
Board, containing Article I, Park and Recreation Board, Article II,
City Cemeteries and Article III, Ozark Tree Board, were repealed by Ord.
no. 09-042, adopted November 16, 2009 and Ord. no. 12-011, adopted
March 5, 2012. Subsequently this formerly reserved Chapter was used
by the City for the inclusion of its open records policy as set forth
herein.
[Ord. No. 21-091, 10-18-2021]
It is the intent of this municipality to comply with and follow
the regulations set forth in Chapter 610, RSMo., et seq., known as
the Missouri Sunshine Law. This Open Records Policy is intended to
provide the public with the process for requesting release of information
regarding a public record or vote, adopted pursuant to Section 610.028,
RSMo. It is further intended, that through the adoption of this Open
Records Policy, any member or employee of the public governmental
body who complies with the written policy is not guilty of a violation
of the provisions of Section 610.010 to 610.030, RSMo., or subject
to civil liability for any act arising out of his/her adherence to
the written policy of the agency. Due to this Open Records Policy
only establishing the procedure and process for the City's handling
of requests and the designation of closed records, reference should
be made to Chapter 610, RSMo., et seq., for the laws governing open
records, by which the City shall comply.
[Ord. No. 21-091, 10-18-2021]
The City Clerk is hereby designated as the "Custodian of Records" for the City of Ozark. Requests for copies of City records shall be made to the Custodian of Records and requests made to other persons shall not be considered to be requests that are made pursuant to Chapter 610, RSMo. Any official or employee of the City who receives a request is directed to inform the Custodian of Records in a timely fashion so that a response may be made to the requestor. For records requested pursuant to Section 610.100 to 610.126, RSMo., the Custodian of Records may delegate the role of Custodian of Records to a City Police Department employee.
[Ord. No. 21-091, 10-18-2021]
A.
All
requests for City records shall be in writing and on the form approved
and provided by the City, available on the City's website or at City
Hall. All requests shall be accompanied by a deposit of the estimated
cost of reproducing the requested records. The form shall include
at a minimum:
[Ord. No. 21-091, 10-18-2021]
A.
The
Custodian of Records shall respond to all requests within three (3)
business days of receipt of the request by the Custodian of Records.
While it is desirable that the entire transaction be completed within
three (3) business days, there may be circumstances where clarification
or explanation of the request is necessary, where the Custodian of
Records may be indisposed, and/or where the request may require a
search by staff members. The Custodian of Records will provide the
expected time frame for production of the requested records within
three (3) business days of receipt of the request by the Custodian
of Records or as soon thereafter as possible.
B.
Documentation
Of Response. The Custodian of Records shall document the response
provided either by:
[Ord. No. 21-091, 10-18-2021]
A.
Fees
for search, retrieval, accompanying, and returning to their proper
storage of City records shall be:
1.
Fees for employee searches and duplication time:
a.
For a search, retrieval, and duplication of records, the requestor
will be charged at the hourly rate of the employee that will result
in the lowest amount of charges for the search, duplication, and duplication
time.
2.
Copies shall be charged at the rate reflected in Chapter 610, RSMo.
3.
Total estimated costs for both fees and copies resulting in less
than ten dollars ($10.00) shall not be charged.
[Ord. No. 21-091, 10-18-2021]
To reduce the cost to both the requesting party and the City,
the Custodian of Records may permit a physical inspection of the records
by the requesting party to help specify what documents are needed.
The custodian may impose such security as is deemed appropriate to
guarantee that no record is removed from City files.
[Ord. No. 21-091, 10-18-2021]
All records, meetings, and votes of the City which are permitted
to be closed by reason of Chapter 610, RSMo., or by any other Federal
or State law shall be maintained as closed records. No such closed
record shall be released to any person who is not a part of the City
government, except that the City's auditor may see such records as
are reasonably necessary to prepare an audit report as requested by
the City and the City's attorney may see such records as are reasonably
necessary to represent the City.
[Ord. No. 21-091, 10-18-2021]
The Custodian of Records shall establish a fixed place where
all public notices and agenda will be posted. This notice board should
be in a place that is accessible to members of the public at all times,
regardless of whether the City Hall is open or closed.
[Ord. No. 21-091, 10-18-2021]
Any person employed or working for the City, or who has been entrusted with a record that is marked as closed, or who has been a participant in a closed meeting who nonetheless discloses any closed record or information about the contents of any closed meeting to any person shall be guilty of an offense under the ordinances of the City, and upon conviction therefor, may be punished as provided by in Section 100.220. Any such person who is employed or working for the City may also be subject to the termination of their employment as a result of such disclosure. Any such person who is an elected official may be subject to impeachment from their office as a result of such disclosure.
