Cloudy days, don’t the sun ever shine anymore?

    May is nearly over.  The end of the Missouri legislative session always comes in a rush.  And it’s always preceded by days when nothing happens, at least out in the open.  What goes on behind closed doors in Jeff City (like much of the other bodies I write about regularly) is a different story, of course.  it’s a constant struggle to watch for those who would slip in a measure to close a public record as bills progress through the House and Senate.

    This year, it was clear a sunshine law measure would pass before the session ended. Those in government who want to close records knew they had to update the sunset provision in the exceptions that close certain operational guidelines used in case of terrorist incidents and that close information on security systems and structural plans.  Security types claim these records absolutely must be closed in Missouri to protect us from terrorists accessing this information and using it to either prevent a security response in case of an attack or to  find vulnerabilities in our governmental buildings.

   The cynic would respond that, in regard to security systems and structural plans of buildings, this information is critical to the public to understand how to protect themselves in case of emergencies.  We all need to know where the emergency exits are, and the proper exit plans from buildings in case of crisis.  Closing these records is, in fact, a security risk itself for each of us.  Similarly, the public should know the details of policies in place to protect against what the law calls “critical incidents.”  That is how we gauge whether or not our government is doing its job in being properly prepared for such matters.  How can we demand that better preparations be made if we are not permitted to know what, or if, such plans are in place?

    An effort had been made to add to this proposed change in the law, which was not positive in my viewpoint, a change that would have added some benefit to the law — language that would have tightened up the exception that closes meetings and records for “causes of action,” a vague term that is greatly abused in the law.  But, in those closed door meetings, decisions were made that the changes to extend the sunset in the law would go and that the bill that included this provision to strengthen the law would die.  What does that say about our legislators?

    The sunshine law cries out for some real changes.  Just today, a citizen called to complain he’s waited for months to obtain an incident from his southwest-Missouri-county sheriff, who keeps putting him off in his quest to obtain what should clearly be an open record.  He complained he’s called the Attorney General’s office and they have not intervened sufficiently to obtain this information for him.  The efforts of that state agency seem to him to be worthless.  (I would note that this will not win votes for the current holder of that office in his quest for a higher position in the state.  How hard is it to simply call the sheriff and tell him to turn loose of this public record to this local citizen?)

    This citizen expressed his frustration with the ineffectiveness of this law and how state legislators seem uninterested in doing anything about changing the law.  Hello!  The sunshine law has not had a strong, effective champion for its cause for some time.  Legislators tell us they want to sponsor bills, but hearings get postponed, bills do not move, and certain state legislative leaders block the progress of bills.  Sometimes I think they find this funny.

    Often, I think, these same legislators think they are “getting back” at reporters in the state.  But that’s nowhere close to the truth.  The people they are really slapping in the face with their attitude is their own constituents.  They are telling their voters that they are supporters of secrecy in government and that they really don’t believe that the public has a right to know what goes on in government.  They are supporting lack of accountability by public officials.  They are supporting those who would take advantage of access to the public tax coffers to spend those dollars on their own purposes, and not for causes for the public good.

    This blog blew past its second anniversary a month ago.  Has anything improved in the state in two years?  No.  In fact, in terms of having legislators who show their support for open government, I’d say we are worse off than we were two years ago.  Certainly there have been no significant changes in the law in these two years.

    Not much “happy” in this anniversary!