Lee Allen Martin Plaintiff, VS. DEPARTMENT OF REVENUE, et al., Defendants.

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CASE #01CV324209

Petition for Declaratory Judgment Arising out of RSMo. 610

The plaintiff, complaining of the defendants, respectfully shows to this Court and alleges:

1. Upon information and belief, that at all times hereinafter mentioned, the defendant the Department of Revenue for the State of Missouri, hereinafter referred to as Department, was and still is an Executive Agency of the State of Missouri, duly organized and existing under and by virtue of the laws of the State of Missouri.
2. Upon information and belief, that at all times hereinafter mentioned, the Custodian of Records for the Department of Revenue for the State of Missouri, hereinafter referred to as Custodian, was and still is employed by the Department as Director of the Department of Revenue as well as the Custodian of Records for the Department.
3. Upon information and belief, that at all times hereinafter mentioned, the defendant Department of Revenue, its agents, servants and employees operated, maintained and controlled the Department.
4. Upon information and belief, that at all times hereinafter mentioned, and on or prior to the 21^st day of March, 2001 Director Carol Russell Fischer, was employed by the defendant, Department of Revenue, as Custodian of Records for the Department of Revenue.
5. That notice of formal request for public documents pursuant to RSMo 610.023 was mailed to defendant, Carol Russell Fischer, on the 24^th day of March, 2001, stating the nature of the request and documents wished to be viewed and/or reproduced in electronic format.
6. That notice from Custodian, Carol Russell Fischer, concerning the above mentioned letter dated 24^th day of March, 2001 Titled Official Sunshine Request, was answered by the Custodian in response dated April 5, 2001, effectively denying plaintiff’s request to view and receive computer formatted copies of public documents, Defendant's Response was received in April 7, 2001 at plaintiff’s address 7050 County Road 2810, West Plains, Missouri 65775.
7. That having been effectively denied access to public documents, and having complied with RSMo 610.023, plaintiff is left this recourse before the Circuit Court of the County of Cole, where the said documents reside, pursuant to 610.023.4.
8. That not more than 30 days have elapsed since the formal request, pursuant to 610.023, and the denial of said request, pursuant to 610.023.4, by the defendants.
9. That this action is commenced within one year after the cause of action arose.
10. That at all times the Plaintiff has been a resident of the State of Missouri, Residing at 7050 County Road 2810 West Plains Missouri 65775.
AS AND FOR A CAUSE OF ACTION ON BEHALF OF PLAINTIFF
11. The plaintiff repeats, reiterates and re alleges each and every allegation contained in paragraphs marked 1 through 10 with the same force and effect as if more fully set forth herein.
12. That the Custodian's Response dated April 5, 2001 admits that the requested documents are a public record,compiled and maintained with taxpayer funds for the efficient running of said office.
13. The Driver's License Application is maintained in electronic format. Director is imposed with the duty to maintain applications pursuant to 302.120 RSMo.
14. That the Response dated April 5, 2001 misrepresents the nature of the requested "Policy and Procedures" are not maintained in electronic format. The Documents are created on a word processor.
15. That the Response dated April 5, 2001 misrepresents the statutes of the State of Missouri in that Department of Revenue Personal are not required to take an OATH of office.
16. That the Response dated April 5, 2001 asserts that RSMo 32.091 Precludes access to the documents is wholly unfounded and states points of law with no bases. The Sunshine Law of the State does not provide for such exclusion as it pertains to Title 18 Section 2721 (b) 5 to acquire statistical data and no public information is to be disclosed. Further the Custodian of said record may redact such portions that are closed pursuant to Title 18 and release all public information.
17. The denial to view public records is in violation of the Sunshine law.
18. That the defendant’s admission that the requested public document is in computer format but has not made same available to the public in said format and is contrary to RSMo 610.029, and 610.026.

        Wherefore, plaintiff demands judgment against the defendants in that this honorable Court so Order the defendant, Department of Revenue, to produce a computer formatted copy of the Application for a Driver's License and the computer format for the Policy and Procedures for Department Personal, and access to public applications for driver's license on file with the Department, at the costs prescribed in RSMo 610.026 the cost of copying and the time it takes for department personnel to copy said document. Further pursuant to 610.027.3 RSMo that all costs and attorney’s fees are granted to the plaintiff in the amount of $45,500.00 dollars, and relief pursuant to RSMo 527.080. Plaintiff also requests that a copy of the policy and procedures for the Department of Revenue Personal be presented to the plaintiff in the standard computer format with the fee to be set by the statutes of the State of Missouri.

Respectfully Submitted,

 
 

Lee Allen Martin

7050 County Road 2810

West Plains, Mo. 65775

Phone #417-256-4654

e-mail lee@plf.net

 

CERTIFICATE OF SERVICE

        I, Lee Allen Martin, do hereby swear and affirm that one true and accurate copy of the foregoing has been mailed, via prepaid first class mail, to Carol Russell Fischer Truman State Office Building P.O. Box 475 Jefferson City Missouri 65101-0475 on this date 2^nd day of May 2001.

So certified: _____________________________

                                Lee Allen Martin
 
 

NOTICE OF HEARING

        The foregoing petition will be called before the Court for hearing on June 4, 2001 at 1:00 p.m. or as soon thereafter as Petitioner may be heard.

______________________________

Lee Allen Martin