MO-4602-R

An individual submitted a request for reconsideration of Order MO-4560, which partly upheld the city’s access decision. With respect to the issue of the city’s custody or control of responsive records, the adjudicator found in Order MO-4560 that the city had custody or control over communications between city staff but not over communications between elected officials (including the mayor). The requester claimed that there was a fundamental defect in the adjudication process because the order did not address any communications that may have occurred between city staff and elected officials (including the mayor).
The adjudicator allows the reconsideration of Order MO-4560. As the issue of reasonable search was not addressed in Order MO-4560, the adjudicator finds that there was a fundamental defect in the adjudication process.
Further in this order, the adjudicator finds that the city conducted a reasonable search for records of communications between city staff and elected officials (including the mayor). As no responsive records between city staff and elected officials (including the mayor) exist, the adjudicator makes no finding on the city’s custody or control over such records.