[Ord. No. 920 § 3, 9-21-2010]
A.
In Writing. All requests for records, notices, or information shall
be in writing, and shall be accompanied by a deposit of the estimated
cost of reproducing the requested information. Oral requests, if received
by the City Clerk, shall be immediately recorded in written form to
document the same. Any request received by the City Clerk shall be
initialed by the Clerk, with the date and time of receipt noted.
B.
Response To Be Noted On Request. The requesting party shall indicate
on the request the manner in which a response is desired. In absence
of instructions to the contrary, it will be assumed that the requesting
party wants to receive a response in the same form as the original
request. (Example, if someone stops by City Hall and requests copies
of documents, it will be assumed that the requesting party will stop
by City Hall later to pick up the documents. But if someone mails
a request to the City Hall, it will be assumed that a mailed response
is desired.)
C.
Documentation Of Response. The custodian of records shall document
the response provided either by:
[Ord. No. 920 § 4, 9-21-2010]
A.
Generally. A request for copies of "all documents" or "every document"
of a particular sort involves a request to search through every record
of the City in order for the City to certify that it has provided
"all" or "every" document. Such searches are expensive. Similarly,
a request for records compiled in a format differing from the format
in which the records are customarily retained is a request for a search
and compilation, and can be expensive. As a general rule, the custodian
of records is not expected to engage in extensive searches or compilations.
Any search request that will require more than fifteen (15) minutes
of the custodian's time will be refused without a substantial
advance deposit for the estimated time required to search for the
records.
B.
Fees.
1.
Fees for search, retrieval, accompanying, and returning to their
proper storage all City documents shall be:
a.
For a search of fifteen (15) minutes or less — no retrieval
fee.
2.
Fees for copies of documents shall be:
a.
For copies that can be made on the City's copy machine or other equipment available at City Hall — the sum set forth in Section 120.100.
b.
For copies that must be made elsewhere — the actual charges
imposed for making the copies (including any taxes imposed) as well
as the fee provided above for search, retrieval, accompanying and
returning to proper storage, in accordance with Section 610.026.1(2),
RSMo.
C.
Inspection Of Records. 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 the City files. The requesting party shall pay the cost of that security at the rate provided in Subsection (B) of this Section.
D.
Waiver Of Fees. The custodian of records is authorized to waive the
collection of any of the fees totaling less than five dollars ($5.00)
to any citizen of the City requesting documents from the City, or
to any representative of news media that frequently sends a reporter
to cover meetings of the City Board of Aldermen.
[Ord. No. 920 § 5, 9-21-2010]
A.
Records Closed. All records of the City which are permitted to be
closed records by reason of the Sunshine Law,[1] or by any other Statute of Missouri, or by any Statute
or regulation of the United States Government 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. Requests that closed records be opened to public inspection
will be considered on a case-by-case basis by the Board of Alderman.
B.
Subpoenas For Closed Records. All subpoenas for a closed record shall
be referred to the City Attorney for a response.
C.
Public Notice Board. 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.
A window or glass door near the entrance to the City Hall may be used
as the notice board, provided such notices are placed in such a fashion
that they can be read by persons on the outside of the City Hall.
D.
Penalty For Disclosure Of Closed Records. Any person employed or
working for the City, or who has been entrusted with a record that
is marked to indicate that it is "confidential" or a "closed record,"
or who has been invited to participate in a closed meeting who nonetheless
discloses any closed record, or any 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 by a fine as set forth in the Comprehensive Schedule of
Fees and Charges[2], or ninety (90) days in jail, or both. 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 also be subject to action
taken as deemed appropriate by the Board of Aldermen.
[Ord. No. 17-02, 3-7-2017]
