Open Records Request

CITY OF SIKESTON
OPEN RECORDS POLICY

Policy Statement
This policy is established in compliance with RSMo. 610 (the Missouri Sunshine Law) and City of Sikeston Resolution 87-10-03.  It provides for examination, access, copying, reproduction and reproduction expense of Public Records.  All records generated or maintained, unless expressly exempted by the specific provisions of RSMO. 610.021, are public records and subject to release upon compliance with the provisions of this policy. 

Custodian of Records Designated
In support of Resolution 87-10-03, the City Clerk or in his/her absence, the Deputy City Clerk, shall be designated at the “Custodian of Records” for the City of Sikeston.  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. 

How Records are Requested  (Request for Records Form)
The Custodian of Records may request, but not require, persons seeking access to public records to submit such request in writing and/or on a form designated by the Custodian for such purpose.   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 documented with the date and time of receipt noted. 

Response to Request
The Custodian of Records shall act upon a request for public records 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. A “business day” is a day when City Hall is open for the conduct of City business during its normal business hours.  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. This period for document production may exceed three days for reasonable cause. 
If a request for records is denied, the Custodian of Records shall provide a written statement of the grounds for such denial.  Such statement shall cite the specific provision of law under which access is denied. 

Documentation of Response
The Custodian of Records shall document the response provided to the request.

Fees for Retrieval, Research and Copies 

Prepayment of Fees
Payment of copying and research/retrieval fees may be required prior to the providing of the requested records. 

Time Based Research/Retrieval/Duplicating Fees
In addition to fees per copy, the Missouri Sunshine Law and this policy allow for fees based on employee time required to produce requested records, as follows:

  1. Per the Sunshine Law, the hourly fee for duplicating time shall not exceed the average hourly rate of pay for clerical staff of the public governmental body. For purposes of this policy the rate shall be $13.00 per hour.
  2. Research time (including time to retrieve records from storage, determine the open vs closed status of the records, and redacting or removing closed records or closed portions thereof) required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the city shall produce the copies using employees that result in the lowest amount of charges for search, research, and duplication time.

Fees Per Copy:
In addition to the fees for time authorized above, per copy fees for records and documents shall be as follows: 

a.  For copies 8 1/2 x 11 or 9x14.....$.10 per side of a page     

b.  For copies 11x17...$.20 per side of page 

c.  Blueprints, plats or map copies (up to 15 pages)....$2.00 per page 

d.  Thumb Drives.....cost of device 

e.  Mailed via USPS....cost of postage will be applied 

f.  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.

Closed Records
All records of the City which are permitted to be closed records by the Missouri Sunshine Law or by any other statute of Missouri, or by any statute or regulation of the United States government, or by any court or judicial order, shall be maintained as closed records.  

Subpoenas for Closed Records
All subpoenas shall be submitted to the City Attorney for a response.