June 3, 2008Politics trump need in Missouri Legislature

The legislative session is over, and once again your elected representatives chose to focus on other issues, ignoring the need for significant changes in our state sunshine law. Well, except for the fact that government interests pressured them to extend the sunset provision on two of the exceptions to open records in the law.
This time of year, one has a hard time not being cynical about the state of state government in
Missouri. Legislators are elected to represent you, the voters. They are in Jeff City to work for better
government for citizens in the state.
At the end of the session, each side issues edicts talking about the results of the session. Pick one from
each party, any one, and read them. It sounds like you are reading about two different legislatures and two different results of the session. One side says it was wonderful and many changes were made benefiting citizens. The other side says none of the worthwhile bills were passed.
I’m just unhappy we have been unable in the last few years to convince this Republican-dominated legislature that changes to the sunshine law are needed.
It is interesting to ponder the fact that under a Democratic-controlled legislature, even with a Republican sponsor (Sarah Steelman), we were able to make some needed changes to the law. ... continued...

May 2, 2008Sunshine Law is not unduly burdensome

Some smaller cities in Missouri are becoming painfully aware of the sunshine law, but not due to actions of Missouri Press members.
In the last year, a greater St. Louis area lawyer has filed approximately 120 suits, according to a story in the Bolivar Herald-Free Press, quoting officials of the Missouri Municipal League. This lawyer sends requests for copies of minutes of city council meetings, and when the city fails to respond properly under the law, he files suit.
In at least one case, a city apparently chose to settle with the plaintiff rather than litigate, paying him
$5,000, according to the news report cited above.
As a result, cities are upset. The Missouri Municipal League is upset. Reporters in this state who have a good working relationship with their cities are upset. They don’t like seeing their municipal officials entangled in litigation against a non-resident whom they feel has no actual interest in seeing that the community has good government.
I understand all these concerns. But I want to raise a cautionary flag against you, the readers, deciding this plaintiff is doing wrong. In fact, the enemy here is not this plaintiff, despite his clearly having motives more closely aligned with personal financial gain than actual justice.
First, it is clear he is beginning each ... continued...

April 2, 2008What Newspapers print can still result in change

Most of the time when I talk about sunshine law violations and we get to the point of what happens when someone breaks the law, I feel fairly powerless. Yes, you can complain to Missouri’s attorney general, but I realize the odds of anything happening from that office are generally slim. Yes, you can complain to your local prosecutor, but the odds of that person taking action are even slimmer, because that person is usually serving to defend the public body that broke the law.
You can hire your own attorney, but most folks can’t afford that option.
So, when the caller is a newspaper, my last suggestion is that they write about the violation. After all, as many of you remind me, you now buy ink not by the barrel but by the train car load.
But on occasion, I find the power of the press is not just a euphemism. The power of the pen really exists and it is mightier than the sword on occasion.
Just a few weeks ago, I saw again the difference you make in our state’s operation. But let’s backtrack, to see how far we’ve come.
Late last year, the Missouri Supreme Court’s appellate judicial evaluation committee was in the process of selecting a panel of candidates for the Missouri Supreme Court. Reporters wanted to be close by where they met to see who would be coming ... continued...

February 28, 2008Many bills filed related to open records, meetings

We are in the midst of the legislative session in Missouri.
By the time you read this column, Rep. Tim Jones should have on file both a sunshine law amendment bill
and a shield law bill, both drafted with the assistance and input of the Missouri Press Association.
First, we thank Rep. Jones for his work on these measures. Last year he nearly brought the shield law to reality. He has worked tirelessly on these measures in the past and we appreciate his interest in our concerns again this year.
The number of bills that has been filed that relate to the sunshine law and open meetings/open records is
amazing to me. This is clearly going to be a topic of much discussion in Jefferson City this session. Whether a bill will pass is of course another story. On one hand, one might think with all these bills that some major sunshine law revisions by the end of the session are inevitable. But still, the legislative process grinds slowly and some are forecasting that the grinding will come to a sluggish halt before the session is over and that nothing of significance on this issue, and many others, will be forthcoming.
This is the third year, however, for the shield law bill. Perhaps the third time is the charm.
Each of you plays an important part in this process, of course. Many of you are on the ... continued...

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