[1]
Editor's Note — As to open meetings of county salary commission, §50.333, RSMo.
[Ord. No. 26-06, 4-29-2026]
It is the policy of Cass County, Missouri ("County") that meetings, records, votes, actions and deliberations of the body shall be open to the public unless otherwise prohibited by law. The County shall comply with the Missouri Sunshine Law, Chapter 610, RSMo.
[1]
Editor's Note: Former Article II, Public Records Policy, containing Section 100.200, was repealed by Ord. No. 26-06, 4-29-2026. Prior history includes: Ord. No. 91-09; and Ord. No. 01-04.
[Ord. No. 26-06, 4-29-2026]
A. 
Custodian Of Records Designated. The County Clerk is hereby designated as the Custodian of Records ("Custodian") for purposes of compliance with Chapter 610, RSMo., (the "Sunshine Law").
B. 
Requests. While written requests for records are preferred, the Custodian may accept a verbal request if it is sufficiently clear to identify the records sought. If a verbal request is accepted, the Custodian should document it, in writing, to maintain a record of the request. The requesting party should indicate the preferred method of response. In the absence of such instructions, it will be assumed that the party prefers to receive a response in the same form and manner as the request, to the extent feasible.
C. 
Fees. The Custodian shall provide access to and, upon request, furnish copies of public records in accordance with Section 610.026, RSMo., subject to the following:
1. 
Paper Copies. Fees for paper copies not larger than nine by fourteen (9x14) inches shall not exceed ten cents ($0.10) per page. Charges for staff time required to make copies shall not exceed the average hourly rate of pay for clerical staff of the County. Research time required to fulfill records requests may be charged at the actual cost of the research time. The County shall utilize employees that result in the lowest amount of charges for search, research, and duplication time, based on the scope of the request.
2. 
Electronic And Specialized Formats. For records maintained on computers, tapes, disks, films, pictures, maps, slides, graphics, illustrations, or similar audio or visual formats, or for paper copies larger than nine by fourteen (9x14) inches, fees may include: the cost of copies; staff time (not to exceed the average hourly rate of pay for staff required to make the copies and, if necessary, conduct programming); the cost of the medium used for duplication. If maps, blueprints, or plats require duplication by trained personnel with special expertise, fees may include the actual rate of compensation for such personnel. If programming beyond the customary and usual level is necessary to comply with the request, fees may include the actual costs of such programming.
D. 
Advance Payment. Payment of fees may be requested prior to fulfilling the request.
E. 
Fee Waiver Or Reduction. Documents may be furnished without charge or at a reduced charge when the County Clerk determines that the waiver or reduction is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the County and is not primarily in the commercial interest of the requester.
F. 
Electronic Format Requests. If the requested records are maintained electronically and the requester asks for them in electronic format, the records shall be provided in that format if possible.
G. 
Withdrawal Of Requests For Non-Payment. A request for public records shall be considered withdrawn if the requester fails to remit payment of all fees within ninety (90) days of a request for payment, or within one hundred fifty (150) days if the requested fees exceed one thousand dollars ($1,000.00). The Custodian shall provide notice of this deadline in the request for payment.
H. 
Clarification Requests. If the Custodian requests clarification of a public records request and receives no response within ninety (90) days, or one hundred fifty (150) days if the requested fees exceed one thousand dollars ($1,000.00), then request shall be deemed withdrawn. The clarification request must include notice of the applicable deadline.
I. 
Re-Submitted Requests. If the same or a substantially similar request is submitted within six (6) months after a request was deemed withdrawn for non-payment or failure to clarify, the County may require payment of the same fees charged for the original request that expired, plus any additional allowable fees necessary to fulfill the subsequent request.
J. 
Closed Records. All records of the County which are permitted to be closed records by reason of Chapter 610, RSMo., or any other law, are and shall be maintained as closed records.
[Ord. No. 26-06, 4-29-2026]
A. 
Notice Of Public Meetings. Except as provided herein, the County shall give notice of the time, date, place of meeting, a tentative agenda for all open public meetings and whether the meeting will be open or closed at least twenty-four (24) hours in advance of any public meeting. The notice shall be given by posting written notice on a bulletin board or in another prominent place located in a public area in the principal office of the County. The twenty-four (24) hour notice period shall not include weekends and holidays. Copies of the meeting notice shall be made available at the same time notice is given to the members of the public body to all members of the media who have submitted such a request to the public body.
B. 
Electronic Means. If the public meeting will be conducted in whole or in part by electronic means, then the notice must identify the mode by which the meeting will be conducted and must designate a location where the public may observe and attend the meeting. If the public meeting will be conducted by internet chat, internet message board or other computer link, notice must inform the public about how to access the meeting.
C. 
Notice Of Closed Meetings. If it is anticipated that all or a portion of a public meeting is to be closed, the notice for the meeting shall set forth the reason for its closure by reference to the specific exception allowed pursuant to the provisions of Section 610.021, RSMo. Members of the public shall be allowed to remain at a designated area on-site but outside of the room in which a closed portion of a public meeting is conducted, so as to allow members of the public to attend any subsequent portion of the public meeting that is not closed.
D. 
Notice Of Emergency Meetings. A public meeting may be held with less than twenty-four (24) hours' notice if there is good cause to render such notice impossible or impractical. If such good cause exists, then as much notice as is reasonably possible shall be given. Following the opening of the public meeting, the nature of the cause justifying the departure from the normal requirements shall be stated in the minutes.
E. 
Notice Required For Public Meeting On Tax Increases, Eminent Domain, Creation Of Certain Districts, And Certain Redevelopment Plans. For any public meeting where a vote of the County Commission is required to implement a tax increase, or with respect to a retail development project when the County Commission votes to utilize the power of eminent domain, create a transportation development district or a community improvement district, or approve a redevelopment plan that pledges public funds as financing for the project or plan, the County Commission or any entity created by the County, shall give notice conforming with all the requirements of Subsection (1) of Section 610.020, RSMo., at least four (4) days before such entity may vote on such issues, exclusive of weekends and holidays when the facility is closed; provided that this Section shall not apply to any votes or discussion related to proposed ordinances which require a minimum of two (2) separate readings on different days for their passage. The provisions of Subsection (4) of Section 610.020, RSMo., shall not apply to any matters that are subject to the provisions of this Section. No vote shall occur until after a public meeting on the matter at which parties in interest and citizens shall have an opportunity to be heard. If the notice required under this Section is not properly given, no vote on such issues shall be held until proper notice has been provided under this Section. Any legal action challenging the notice requirements provided herein shall be filed within thirty (30) days of the subject meeting, or such meeting shall be deemed to have been properly noticed and held. For the purpose of this Section, a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055, RSMo.
[Ord. No. 26-06, 4-29-2026]
A. 
Legal Defense. The County may provide for the legal defense of any member charged with a violation of Sections 610.010 to 610.030, RSMo., as permitted by law.
B. 
Policy Protection. This Sunshine Law Policy is intended to fulfill the requirements of Section 610.028, RSMo., by establishing reasonable written procedures regarding the release of information on meetings, records, and votes. Any member or employee of the County who acts in good faith compliance with this policy shall not be deemed to have violated the Sunshine Law and shall not be subject to civil liability arising from such compliance.
C. 
Whistleblower Protection. No person who in good faith reports a violation of the Sunshine Law shall be subject to civil liability or disciplinary action for doing so. If the reporting person is an officer or employee of the County, they shall not be demoted, fired, suspended, or otherwise disciplined for making such a report.