IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
WITHDRAWN 11/15/2004
Title
AN ORDINANCE enacting chapter 12, Jackson County Code, 1984, relating to open records, consisting of five new sections.
Intro
ORDINANCE # 3554, October 12, 2004
INTRODUCED BY Scott Burnett, County Legislator
Body
WHEREAS, in 2004 the Missouri General Assembly enacted significant amendments to the Missouri Open Records (Sunshine) Law; and,
WHEREAS, it is appropriate that Jackson County enact its own policy consistent with the newly revised Sunshine Law; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Chapter 12, Jackson County Code, 1984, is hereby enacted, consisting of five new sections, to be known as §§ 1200., 1201., 1202., 1203., and 1204., to read as follows:
1200. Public Policy.
It is the public policy of Jackson County, Missouri, that meetings, records, votes, actions and deliberations of each public governmental body that is a component of county government shall be open to the public unless otherwise provided by law.
1201. State Law to Govern.
Each public governmental body that is a component of Jackson County government shall comply with sections 610.010 to 610.030, RSMo, the Sunshine Law, as now existing or hereafter amended.
1202. Custodians of Records, Designation.
The following are designated as custodians of records for the public governmental bodies that are components of Jackson County government.
1202.01 County Legislature.
The clerk of the county legislature is the custodian of records for the county legislature.
1202.02 Other Elected Officials.
The county executive, prosecuting attorney, and sheriff are the custodians of their own records.
1202.03 Division Chiefs, Department Directors, and Similar Officers. Each division chief, department director, and similar officer is the custodian of his or her own records.
1202.4 Boards and Commissions.
The full-time executive director, secretary, or equivalent employee of each county board or commission is the custodian of records for that board or commission. The clerk of the county legislature is the custodian of records for any county board or commission that does not have its own full-time executive director, secretary, or equivalent employee.
1203. Custodian of Records, Duties.
Each custodian of records shall respond to all requests for access to or copies of a public record within the time period provided by law, except in those circumstances authorized by law.
1204. Fees.
1204.1 Applicability.
This section shall be applicable to each public governmental body that is a component of Jackson County government, but that has not adopted its own fees for document reproduction and search.
1204.2 Policy.
Unless a different fee is specifically provided by law, the fees to be charged for access to or furnishing copies of records shall be as hereinafter provided, which fees have been determined not to exceed the actual cost of record search and duplication; upon request, the custodian shall certify that these fees are fair and reasonable.
a. Photocopies.
The fee for photocopies is $.10 per single-sided page of a document less than 9" by 14" in size.
b. Record Search and/or Production.
The fee for a record search and/or production conducted by county personnel is $12.00 per hour for clerical staff time.
c. Independent Contractors.
The fee for a record search and/or production conducted by an independent contractor of the county is the actual cost to the county of the contract.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_____________________________ _________________________________
Acting Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3554 of October 12, 2004 was (WITHDRAWN BY SPONSOR BURNETT, CONCURRED BY FINLEY AND WAITS) on November 15, 2004 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______________ Nays _______________
Abstaining ___________ Absents ____________
This Ordinance is hereby transmitted to the County Executive for her signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3554.
_________________ _________________________________
Date Katheryn J. Shields, County Executive