[Ord. No. 55-2023, 8-8-2023]
The City Clerk is hereby designated as the "Custodian of Records" for the City of Eldon, Missouri. Such designation does not mean that the City Clerk will necessarily have all the records in his or her possession, but simply is an indication to whom requests for copies of records and information regarding the City government shall be directed. Requests for records made to persons other than the City Clerk shall not be considered to be requests that are made pursuant to the Missouri Sunshine Law, Chapter
610 of the State Statutes. Nonetheless, any official or employee of the City who receives a request is directed to inform the City Clerk of the request in a timely fashion, so that a response may be made to the request.
[Ord. No. 55-2023, 8-8-2023]
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.
[Ord. No. 55-2023, 8-8-2023]
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.)
[Ord. No. 55-2023, 8-8-2023]
The Custodian of Records shall respond to the request within
three (3) business days of its receipt. A "business day" is a day
when the City hall is open for the conduct of City business during
its normal business hours. 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, or
where it may be necessary to provide only part of the requested information
while searches are made to find copies of other documents requested.
[Ord. No. 55-2023, 8-8-2023]
The Custodian of Records shall document the response provided
either by: (1) making an extra copy of the response and attaching
it to the original request; (2) noting on the request what documents
were provided; or (3) keeping a copy of any letter or note requesting
additional information in order to process the request.
[Ord. No. 55-2023, 8-8-2023]
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.
[Ord. No. 55-2023, 8-8-2023]
A. Fees for search, retrieval, accompanying, and returning to their
proper storage all City documents shall be:
1.
For a search of fifteen (15) minutes or less: no retrieval fee.
2.
For a search, retrieval, accompanying, and return of documents
requiring more than fifteen (15) minutes: five dollars ($5.00) for
each period of fifteen (15) minutes or less, including the first fifteen
(15) minute period.
B. Fees for copies of documents shall be:
1.
For copies that can be made on the City's copy machine
or other equipment available at the City Hall: ten cents ($0.10) per
side of a page.
2.
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.
[Ord. No. 55-2023, 8-8-2023]
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 Section
165.070(B)(2).
[Ord. No. 55-2023, 8-8-2023]
The Custodian of Records is empowered to waive the collection of any of the fees totaling less than one dollar ($1.00) provided in Section
165.070 above to any citizen of the City requesting documents from the City, or to any representative of news media that routinely sends a reporter to cover meetings of the City Board of Aldermen. No person or organization shall receive more than three (3) such waivers in any twelve (12) month period.
[Ord. No. 55-2023, 8-8-2023]
All records of the City which are permitted to be closed records
by reason of the Sunshine Law, 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 City's Board
of Aldermen.
[Ord. No. 55-2023, 8-8-2023]
No subpoena for a closed record shall be honored. All such subpoenas
shall be referred to the City Attorney for a response, and for a motion
to quash the subpoena. The only exception to this requirement that
will be recognized is a subpoena from a grand jury.
[Ord. No. 55-2023, 8-8-2023]
The Custodian of Records shall establish a fixed place where
all public notices and agendas will be posted. This notice board should
be in a place that is accessible to members of the public at times
when the City Hall is open and (if possible) should be lighted and
available for public inspection even at times when the City Hall is
closed. This notice board shall have the notion "PUBLIC NOTICES" printed
in letters at least one (1) inch in height at the top of said board.
A window or glass door at the entrance to the Public Works building
may also 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 Public Works building. As well as the official website for
the City of Eldon at www.eldonmo.org.
[Ord. No. 55-2023, 8-8-2023]
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 as provided by law. 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
impeachment from their office as a result of such disclosure.