Letting sunshine in

AS MEDIA OUTLETS MARK INCREASED ACCESS TO GOVERNMENT RECORDS, LAWMAKERS LOOK AT CLOSING HOLES IN SUNSHINE LAW

By Marc Powers ~ Southeast Missourian

JEFFERSON CITY, Mo. -- In a bit of irony, the legislative committee proceedings that produced Missouri's first open meetings law in 1973 took place, as was the practice of the time, in secret.

More than three decades later, the so-called Sunshine Law is widely credited with exposing the workings of government for all to see.

Although the law, which also ensures public access to government records, has been strengthened many times over the years, efforts are under way in the Missouri Legislature to modernize the law to account for recent leaps in technology.

Bills filed in both the Senate and House of Representatives seek to expand the existing legal definition of a "public meeting" to include government proceedings conducted by conference calls or the Internet and require that the public be given the opportunity to participate in such meetings.

Cape Girardeau Mayor Jay Knudtson said the city council does not use conference calls to conduct business because the city already considers it a violation of the Sunshine Law. Neither does the council use the Internet to conduct meetings.

The sponsor of the House bill, state Rep. Jeff Harris, D-Columbia, said the intent "is to bring the Sunshine Law up to date and to take into account changes in technology and changes in the way that public bodies do business."

While current law allows access to electronically stored records, Harris' bill would specify that e-mail communications between officials related to policy matters are considered public records.

Knudtson said he commonly uses e-mail to communicate with council members, "but not in the way of policy-making."

House Speaker Catherine Hanaway, R-Warson Woods, said updates in the law are needed. She will co-sponsor a forthcoming Republican bill on the issue.

"I am very concerned about the fact that some boards of aldermen, county commissions -- boards and commissions of all sorts -- are having online meetings that they believe are outside of the Sunshine Law," Hanaway said.

Seeking guidance

Richard Sheets, a spokesman for the Missouri Municipal League, said his organization supports legislation that provides local officials with guidance on openness issues in the cyber age.

"Making the law easier to understand is going to help the situation tremendously," Sheets said. "That is a positive approach."

However, the league, which represents the interests of municipalities in the Capitol, opposes a bill sponsored by state Sen. Sarah Steelman that would lower the legal threshold for proving a Sunshine Law violation and stiffen penalties for noncompliance.

"We don't believe there is a severe problem out there," Sheets said. "We do believe creating such severe penalties would discourage people from wanting to serve" in public office.

Most problems with compliance, Sheets said, stem from local officials' lack of understanding of their legal obligations. He said this is particularly true in smaller cities.

Crime and punishment

At present, a public official who "purposely" violates the law can be fined up to $500, but that high legal standard is hard to prove, and fines are rarely levied in cases where it is.

Missouri Press Association executive director Doug Crews said there is no real threat of punishment for public officials who choose to ignore the statute.

"At the present time there are no teeth in the law," Crews said. "We have instances where a public body goes ahead and breaks the law knowing nobody is probably going to file a lawsuit."

In Steelman's bill, which cleared a Senate committee last week, officials who violate the law out of ignorance would face fines of $25 to $1,000. Those who purposefully break the law could be fined from $1,000 to $5,000.

He doesn't think the proposed changes in the law would have a bad impact on governmental boards or councils but said stronger penalties for government officials who violate the law out of ignorance goes against the spirit of public service. It could discourage people from volunteering for boards or running for office, he said.

"Should we be having meetings in smoke-filled rooms? Absolutely not," Knudtson said. "But with people that are volunteering their time, it's hard to justify that it could cost you money when you don't even know you're violating it."

Knudtson cited an incident in which the city attorney had to remind him not to vote on an issue because of a past business relationship he forgot he had with one of the parties involved. "It can happen without you even knowing it," the mayor said.

Steelman, R-Rolla, has unsuccessfully pushed versions of her bill for several years. Citing the Republican-led legislature's general focus on improving government accountability, she is hopeful of better luck this time out.

"I think there is a real desire by many lawmakers to strengthen the Sunshine Law," Steelman said.

University of Missouri system President Elson Floyd's recent decision to solicit private donations to supplement the salaries for the chancellors of the system's four campuses prompted Steelman to add a new provision to her bill. Her proposal would require the names of those contributors be made public, a commitment Steelman said Floyd has refused to make.

"The public needs to know who is paying for their salaries," Steelman said. "There could be a conflict of interest."

While the Sunshine Law and proposed changes are often viewed as an issue just affecting the media, Crews said it also is often employed by residents to keep an eye on how their tax dollars are spent.

"It is a tool for the media, yes, but it is also a tool for the public," Crews said.

mpowers@semissourian.com

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