Those That Dwell In Darkness Shall See A Great Light

A newspaper in the state recently sent out letters to neighboring cities, asking for copies of the
attorney billing statements for a recent period of time. Most cities responded, sending back
copies of those statements, some with certain entries redacted under exception 1 of Section
610.021, as permitted in Tipton v. Barton, 747 S.W.2d 325, which notes that billing records are
clearly open records under the Sunshine Law, although detailed entries which advise, analyze or
discuss privilege communication can be redacted.

However, one local community sent back about 50 pages where every single entry on the page
was blacked out with a thick black marker. The invoice numer, the date of services, the amount
of time for each date and the final total of the bill — all marked out. In fact, the only thing left on
the pages was the attorney’s letterhead, the address of the city clerk, the date of the bill, the
hours column heading, and the indication professional services. Oh, and the huge black
stamp of the city that these were confidential closed records.

Accompanying all these pages of blackness was a letter from the city that waived charging the
paper for the photocopying charge, because the city believed these were likely to contribute
significantly to public understanding of the operation of the City.

Well, indeed they do. They make it clear that the city likes to operate in the darkness, outside
the scrutiny of its taxpayers. Forbid that any sunshine would shine into the city’s hallowed halls,
causing all the rats that work there to scamper into their dark lairs.

We can only hope the city pays this attorney well. (We cannot tell because the notation showing
if the bill was paid is also marked out.) Perhaps the attorney can bill the city for the advice that
they are breaking the sunshine law. Maybe they need to be reminded that there are penalties for
such violations.

Happy Sunshine Week everyone