PURPOSE: This rule establishes guidelines for compliance with Chapter 610, RSMo concerning public records.
- (1) All public records of the council shall be open for inspection and copying by the general public during normal business hours, except for those records closed pursuant to section 610.021, RSMo. All public meetings of the council, not closed pursuant to the provisions of section 610.021, RSMo, shall be open to any member of the public.
- (2) The council appoints the executive director as the custodian of its records. The executive director is responsible for the maintenance of the council’s records and is responsible for responding to requests for access to public records.
- (3) Requests to inspect the public record shall be submitted on a form provided by the coun-
- cil. When a request for inspection of public records is made, and the individual researching the records requests copies, the division shall collect appropriate fees for research and copying.
- (4) Before making a determination whether to deny access to the public record, the custodian shall consult the attorney general’s office. In the event that contact by the custodian with the attorney general is not possible, the custodian may make a decision whether to deny access. However, the custodian shall inform the attorney general’s office concerning the decision within five (5) working days. Whenever the custodian denies access to the records, the custodian shall inform the individual in writing that the denial may be appealed directly to the council for access to the records requested. The appeal and all information pertaining to it shall be placed on the meeting agenda of the council at its next regularly scheduled meeting. In the event that the council decides to reverse the decision of the custodian, the council shall direct the custodian to so advise the person requesting access to the information and supply the access to the information during regular business hours. 4 CSR 196-12
- (5) The custodian shall maintain a record containing copies of all written requests for access to records and responses to these requests. Requests shall be maintained on file with the council for a period of one (1) year and will be maintained as a public record of the council open for inspection by any member of the general public during regular business hours.
AUTHORITY: section 327.609, RSMo Supp. 1990.* Original rule filed Feb. 15, 1991, effective July 8, 1991.
*Original authority: 327.609, RSMo 1989, amended 1993, 1995.