I don’t care, what they see Don’t really bother me And I don’t care, what they say There’s got to be another way

    So much this time of year going on in regard to the sunshine law:  Legislation in Jeff City (HB 316), the start-up of the Missouri Sunshine Coalition on March 12, and the wrap-up of the investigation of the e-mail scandal of state officials.

    In the meantime, life goes on and so do sunshine law violations.  A medium-sized city in the state, known for its confusion about sunshine law issues, recently held a closed meeting, citing the exception for personnel matters.  During the meeting, one councilman objected to the discussion being in the closed meeting because they were discussing budgetary and financial concerns and not discussing actual individuals who might be laid off. After taking what they called a “poll”  (and that differs from a vote exactly how?) on whether to go into open session, they continued the closed meeting to discuss whether to close the city pool to save money.   In fact, they even took a vote in this closed meeting about whether to close the pool, still under the “personnel” exception.

    After the meeting, the councilman who complained decided he needed to go public with the activities that happened in the closed meeting.  Of course, others on the council are complaining and have attempted to censure the councilman who blew the whistle.

    There’s nothing in the sunshine law that requires a member of a public body to keep confidential matters which are discussed in closed meetings.  And I believe that cities that attempt to pass local ordinances punishing elected officials who go about about illegal activities in closed meetings are violating one’s constitutional Freedom of Speech.

    Regardless, in this case, if the public body wants to save money, they might make sure they don’t violate the sunshine law.  There are fines which could be assessed against members of a public body that violate the law, according to the law.  And the potential penalty of having to pay for attorneys fees of a party who sues you for doing just that.  Plus, just defending these lawsuits, if you get sued, is expensive enough.

    Why do public bodies think they have to talk in closed session about financial problems, anyway?  It’s the community’s tax dollars they are talking about.  Doesn’t the public have a right to know about financial concerns within the community?  And most of the time, the community knows that layoffs are possible.  The community is talking about the subject in the local coffee shops and other gathering places.  Why not just be the leaders you are elected to be and confront these problems openly?

    Do you care about the sunshine law?  Are you tired of your governmental officials ignoring it?  Then come to the initial meeting of the Missouri Sunshine Coalition on Thursday, March 12, at 2 p.m. at Reynolds Auditorium in Columbia at the MU School of Journalism.  Call Kristie at 573-449-4167 for more information.  See you there!