Globe Vents About Sunshine Law…Again

Today’s Joplin Globe editorial took at shot at MSU for alleged Sunshine Law Violations uncovered during a state audit.  The alleged violations were listed in the October 2010 report released by the auditor’s office.  The report also includes responses from MSU’s leadership disagreeing that their actions were actual violations.  But that’s not why I’m writing this.

While criticizing MSU, the Globe editorial board also took a shot at other governmental boards says that Sunshine law violations were “disturbingly common” and “almost routine” with city councils, school boards and Boards of Governors.  (I’d tell you it’s not so in Neosho, but that’s just my opinion.)

What appears to be at issue is how a body lists a planned “closed” session and, specifically, does listing in advance more than one of the allowed closed-session topics imply that those topics will actually be discussed.  I’d say “Yes - probably, but….”

Regardless of what is listed in the agenda , the specific reasons for entering must be included in the minutes.  In fact, the Sunshine Law requires that “members must cite in open session the specific statute and subsection allowing closure”.  So regardless of how many items are listed on the agenda (which is really a best-guess of what will be discussed), the minutes of the actual vote will reflect why and under what section the meeting was actually closed.

I took time to review minutes from recent Neosho council meetings and without exception, the council ALWAYS listed the specific Sunshine law 610.021 subsection that applies.  So with that, the public will have a written record to know what topic was being discussed during a closed meeting.

As to the Globe’s assertion that using the entire list as a placeholder “just in case” is wrong, I’d agree - that is pushing the limits and should be corrected.  But to imply that such actions are “common” and “routine” by all governmental bodies is well over the line and only serves to further degrade an already low level of trust that citizens seem to have in their elected officials.

Also implying that residents wouldn’t know what was actually discussed would be wrong because the minutes require such a list to be recorded (and voted on by each council member.)

PS – If you really think something has been violated, seek judicial enforcement as the law allows and put the burden on the body to to demonstrate compliance.  And also remember that “knowingly” or “purposely” violating the law can result in fines to those that do it.