[1]
Editor's Note: Former Ch. 120, Open Meetings and Records Policy, was repealed 11-18-2021 by Ord. No. 532. Prior history includes RSMo. § 610.105, 2006.
[Ord. No. 532, 11-18-2021; Ord. No. 579, 1-15-2026]
A. 
City To Comply. The City, and all elected officials and staff, will comply with the provisions of Chapter 610, RSMo., as amended from time to time.
B. 
Custodian Of Records Designated. The City Clerk is hereby designated as the "custodian of records" for the City of Cole Camp. Such designation does not mean that the City Clerk will necessarily have all the records in his/her possession, but simply is an indication to which 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, RSMo. 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.
C. 
Closed Records And Votes. All records of the City which are permitted to be closed records by reason of the Sunshine Law or by any other Statute of the State 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 Board.
D. 
Public Notice Board. 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. A window or glass door at 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.
E. 
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 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.
[Ord. No. 579, 1-15-2026]
A. 
The City Clerk shall be the custodian of records and will be responsible for the maintenance and control of all records. The custodian may designate deputy custodians in operating departments of the City and such other departments or offices as the custodian may determine. Deputy custodians shall conduct matters relating to public records and meetings in accordance with the policies enumerated herein.
B. 
The City Clerk shall make available for inspection and copying by the public the City's public records. No person shall remove original public records from an office of the City or its custodian without the written permission of the designated custodian. No person or entity, whether by contract, license, or otherwise, shall be granted the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority.
C. 
Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body. If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three (3) days for reasonable cause.
D. 
If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such a statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.
[Ord. No. 579, 1-15-2026]
A. 
Except as otherwise provided by law, the City shall provide access to and, upon request, furnish copies of public records upon payment of the following fees:
1. 
Fees for copying public records, except those records restricted under Section 32.091, RSMo., shall not exceed ten cents ($0.10) per page for a paper copy not larger than nine (9) inches by fourteen (14) inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the City. Copies of larger documents shall be charged at the actual cost to the City.
2. 
Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the City that result in the lowest amount of charges for search, research, and duplication time.
3. 
Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.
4. 
Documents may be furnished without charge or at a reduced charge when the City determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester.
5. 
Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices and for paper copies larger than nine (9) inches by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication. Fees for maps, blueprints, or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual cost of such programming.
B. 
Payment of such copying fees shall be requested prior to the making of copies.
C. 
If a requestor fails to pay the fee requested within 90 days of notice from the City, or 150 days if the cost of producing the records is estimated to exceed one thousand dollars ($1,000.00), then the request shall be considered withdrawn.
D. 
If a request is withdrawn as provided in Subsection C, above, and the requestor or another person makes substantially the same request, then the person making that subsequent request shall be charged the fees incurred in collecting and copying records for the original request.
[Ord. No. 579, 1-15-2026]
The Board of Aldermen, when in doubt about the legality of closing a particular meeting, record or vote, may bring suit at the expense of the City in the Circuit Court of Cole County to ascertain the propriety of any such action, or seek a formal opinion of the Attorney General or an attorney for the City.