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LAWS MOTIONS LINKS
IN THE 31ST JUDICIAL CIRCUIT FOR

THE STATE OF MISSOURI, COUNTY OF GREENE

Lee Allen Martin, plaintiff - Pro Se
Plaintiff,
Vs
Brenda Cirtin
Custodian of Records -
City of Springfield
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 Case No.: ________________

 

Petition for Declaratory Judgement to Open Public Records

        COMES NOW Plaintiff, Lee Allen Martin, pursuant to the "Sunshine Laws," RSMo 610.023, to ask the court for an order to compel the Defendant, Brenda Cirtin, Custodian of Records for the City of Springfield, to provide the Plaintiff with a copy of the Springfield Police Department Policies and Procedures and/or Standard Operating Guidelines, Springfield City Ordinances, and Springfield City Codes. Plaintiff requests these in electronic format pursuant to RSMo 610.029. In support of his petition, Plaintiff states as follows:

  1. The City of Springfield is a governmental body as defined by RSMo 610.010(4).
  2. The Police Department is a governmental body as defined by RSMo 610.010(4).
  3. The Policies and Procedures are a governmental record as defined by RSMo 610.010(6).
  4. The City Ordinances are a governmental record as defined by RSMo 610.010(6).
  5. Brenda Cirtin is the Custodian of Records for the City of Springfield and is responsible for the maintenance of the Police Policies and Procedures and the City Ordinances pursuant to 610.023.3.
  6. The Plaintiff is a member of the public and has a right to inspect and copy public records pursuant to RSMo 610.011.
  7. The Plaintiff has a right to get these records in electronic form pursuant to RSMo 610.026 and 610.029.
  8. The Defendant has a duty to separate the exempt and non-exempt materials and to make the non-exempt materials available to the Plaintiff pursuant to RSMo 610.024.1.
  9. The cost of sending the files to the Plaintiff by email is $0.00 because no disks or other tangible materials are involved and the time to send these files by email is negligible. These records should be made available for little or nothing pursuant to RSMo 610.026.
WHEREFORE, Plaintiff prays for an order of the court to compel the Defendant to make the requested material available to the Plaintiff in electronic form. The form is negotiable. Plaintiff requests delivery of the computer files by email and prefers Microsoft Word or WordPerfect word processing format.
Lee Allan Martin * Plaintiff * 11-12-98
309 N Jefferson Ave.
Springfield, Mo. 65806-1108
Phone #2
e-mail lee@ctyme.com
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 Brenda Cirtin Busch Municipal Building 840 Boonville Springfield Missouri 65802 on this date 18th day of November 1998.

                                                  So certified: _____________________________

                                                                          Lee Allen Martin

NOTICE OF HEARING

        The foregoing petition will be called before the Court for hearing on December16, 1998 at 1:00 p.m. or as soon thereafter as Petitioner may be heard.

                                                                      ______________________________

                                                                          Lee Allen Martin
 
 

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