HANNIBAL FREE PUBLIC LIBRARY

SUNSHINE LAW POLICY

Adopted by the Library Board of Trustees & Effective:  March 11, 2013

Amended:  December 9, 2013, November 9, 2015, November 8, 2016, December 12, 2017, November 12, 2019

 

It is the policy of Hannibal Free Public Library to comply with the provisions of Chapter 610. RSMO, which is commonly referred to as the “Sunshine Law.”   It is therefore the public policy of Hannibal Free Public Library that public records, Library Board meetings, votes, actions and deliberations of this body shall be open to the public unless otherwise provided by law.  The term “public record” includes records created or maintained by private contractors under an agreement with the Library Board or on behalf of Hannibal Free Public Library.

 

In furtherance of this policy, it is noted:

 

Section 610.023.1, RSMO. provides that a public governmental body is to appoint a custodian who is to be responsible for the maintenance of that body’s records and the identity and location of the custodian is to be made available upon request; and

 

Section 610.026, RSMO. provides that a public governmental body may prescribe reasonable fees for providing access to or furnishing copies of public records, and that those fees shall not exceed the actual cost of document search and duplication; and

 

Section 610.028.2, RSMO. provides that a public governmental body shall provide a reasonable written policy in compliance with Sections 610.010 to 610.030, RSMO commonly referred to as the Sunshine Law, regarding the release of information on any meeting, record or vote.

 

It is further noted:

 

Section 182.815, RSMO, defines “Library records” as used in this section and section 182.817, as any document, record, or other method of storing information retained, received or generated by a library that identifies a person or persons as having requested, used, or borrowed library material, and all other records identifying the names of library users. The term "library record" does not include non-identifying material that may be retained for the purpose of studying or evaluating the circulation of library material in general.

Section 182.817, RSMO, describes disclosure of such library records as:

1. Notwithstanding the provisions of any other law to the contrary, no library or employee or agent of a library, or third party contracted by a library that receives, transmits, maintains, or stores library records shall be required to release or disclose a library record or portion of a library record to any person or persons except:

(1) In response to a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library; or

(2) In response to an order issued by a court of competent jurisdiction upon a finding that the disclosure of such record is necessary to protect the public safety or to prosecute a crime.

Section 182.817, RSMO, outlines the written complaint procedure as:

2. Any person whose privacy is compromised as a result of an alleged violation of this section may file a written complaint within one hundred eighty days of the alleged violation with the office of the attorney general describing the facts surrounding the alleged violation.  Such person may additionally bring a private civil action in the circuit court of the county in which the library is located to recover damages.  The court may, in its discretion, award punitive damages and may award to the prevailing party attorney's fees, based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary or proper.  A prevailing respondent may be awarded attorney fees under this subsection only upon a showing that the case is without foundation.

3. Upon receipt of a complaint filed in accordance with subsection 2 of this section, the attorney general shall review each complaint and may initiate legal action if deemed appropriate.

CUSTODIAN OF RECORDS & SUNSHINE LAW REQUESTS

In accordance with the provisions of the Sunshine Law, the following is adopted as the policy of Hannibal Free Public Library:

 

1.      That the Hannibal Free Public Library Director is appointed custodian of the records of Hannibal Free Public Library and that such custodian is located at Hannibal Free Public Library, 200 South Fifth Street, Hannibal, MO  63401.  The Chair of the Library Board’s Library Personnel & Services Committee is appointed custodian of records related to the Library Director’s hiring, firing, disciplining, and evaluating.

 

2.      That the custodian shall make public records available for inspection and copying during regular business hours at Hannibal Free Public Library as provided by law.  When another time or place is more convenient to the parties, the custodian may designate other employees to make alternative arrangements for the production of public records for inspection and/or copying. 

 

3.      That each request for access to a public record shall be acted on as soon as possible, but in no event later than the end of the third business day following the date is received by the custodian of records.   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 days for reasonable cause. 

 

4.      If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial.  Such 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.

 

5.      That the custodian shall make the rest of the record available, if only part of a record may be closed to review.

 

6.      That the fee which may be charged for access to or furnishing copies of public records shall be hereinafter, provided said fees having been determined to comply with the provisions of Section 610.026 RSMO:

 

a.    A fee of $55.77 per hour for the Library Director’s research time.

 

b.   A fee of $18.49 per hour for activities performed by other staff including time required to locate, prepare and copy responsive documents. 

 

c.   A fee of $.10 per page (up to 9” x 14”) for copies of a document. 

 

d.   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 by fourteen 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 costs of such programming.

 

e.    All moneys received from such copying fees shall be deposited to Library’s operating account.

 

f.   Documents may be furnished without charge or at a reduced charge when the Library Director determines that waiver or reduction of the fee is in a public interest because it is likely to contribute significantly to public understanding of the operations or activities of Hannibal Free Public Library and is not primarily in the commercial interest of the requestor.

 

  1. That the above fees may be required to be paid in advance.

 

  1. That Hannibal Free Public Library shall comply with sections 610.010 to 610.030, RSMO, the Sunshine Law, as now existing or hereafter amended.

For the convenience of the public, a form is appended to this policy that can be used to request records under the Missouri Sunshine Law from Hannibal Free Public Library. 

LIBRARY BOARD MEETING NOTICES

 

Meetings of the Hannibal Free Public Library Board of Trustees shall be noticed at least 24 hours (excluding weekends and holidays) before a public meeting.  The notice, which shall include the tentative agenda, shall be posted on the designated bulletin board at the Library and on the Library’s website.  The notice shall also be routed to City Hall for posting.

The notice of open meetings shall contain the date and the time the notice was posted, the tentative agenda, contact information for the news media wishing to obtain copies of the notice, and the following statement:

Notice is hereby given that the Hannibal Free Public Library Board of Trustees will conduct a meeting at [time] on [day, month and year] in the 3rd floor meeting rooms at Hannibal Free Public Library, 200 South Fifth Street, Hannibal, MO,” or other location. 

When the Library Board plans to conduct a meeting that is partially open and partially closed but has not yet publicly voted to close the meeting and has otherwise conformed with state law, the notice shall contain the following statement above the agenda item:

The tentative agenda of this meeting also includes a vote to close part of this meeting pursuant to [insert statutory authority, including specific subsection of Section 610.021 to close meeting]

The notice of closed meetings shall contain the date and the time the notice was posted, contact information for the news media wishing to obtain copies of the notice, and the following statement:

Notice is hereby given that the Hannibal Free Public Library Board of Trustees having duly voted to close its upcoming meeting, as authorized by [insert statutory authority, including specific subsection of Section 610.021 to close meeting] will conduct a closed meeting at [time] on [day, month and year] in the 3rd floor meeting rooms at Hannibal Free Public Library, 200 South Fifth Street, Hannibal, MO,” or other location. 

When a member of the Hannibal Free Public Library Board of Trustees objects to a motion to close a meeting pursuant to Section 610.022.6 and wishes to have the objection entered into the minutes, the objection should be registered with the Library Director as the custodian of records.  The suggested form to use includes the Library Board member’s name, signature and following statement:

Having objected to the motion to close the meeting of the Hannibal Free Public Library Board of Trustees on [day, month and year] and having made this objection prior to the vote to close the meeting, I wish to have my objection entered into the minutes for that date.

If the Library Board intends to hold a meeting by conference call or other electronic means, the notice must specify the location where the public may observe and attend that meeting.

 

If exceptional circumstances prevent the Library Board from posting notice 24 hours in advance or prevent the meeting from being held at a convenient time or in a place reasonably accessible to the public, the reasons should be stated in the meeting’s minutes.

 

EMAILS AMONG LIBRARY BOARD MEMBERS

 

Any Library Board member who transmits any message relating to public business by electronic means shall also concurrently transmit that message the Library’s custodian of records in the same format. The provisions of this section shall only apply to messages sent to two or more members so that, when counting the sender, a majority of the body's members are copied. Any such message received by the custodian shall be a public record subject to the exceptions of RSMO section 610.021.

 


 

Sunshine Law Request Form

 

Hallie Yundt Silver, Library Director

Hannibal Free Public Library

200 South Fifth Street

Hannibal, MO  63401

 

This is a request for records under the Missouri Sunshine Law, Chapter 610, Revised Statutes of Missouri.

 

I request that you make available to me the following records:  

 

 

 

(Describe the records as specifically as possible. Where you are asking for records that cover only a particular period, such as last year or a specific month, identify that time period.)

 

If you know the subject matter of the records, but do not have additional information, use this alternative:

I request that you make available to me all records that relate to

 

 

 

(Be as specific as possible; include dates if you can.)

 

If you want and are willing to pay for copies of the records, rather than just being able to see them:
I request that the records responsive to my request be copied and sent to me at the following address:

 

 

 

If you believe your request serves the public interest, and is not just for personal or commercial interest, you may ask that the fees be waived. 
I request that all fees for locating and copying the records be waived. The information I obtain through this request will be used to

 

 

(Tell how you will use the information and why that use is in the public interest.)

 

If you want to set a limit on the fee:

Please let me know in advance of any search or copying if the fees will exceed $ ______.

(Insert amount you are willing to pay without additional information about the documents.)

 

 

If portions of the requested records are closed, please segregate the closed portions and provide me with the rest of the records.

 

 

Your Name:  _______________________________________________________

 

Address:   _________________________________________________________

 

                _________________________________________________________

 

Phone Number:  ___________________________________________

 

E-Mail Address:  ___________________________________________