Candidate proposes unit to enforce Sunshine Law

JEFFERSON CITY, Mo. -- Attorney general candidate Jeff Harris wants to create a special Sunshine Law unit within the office as a way to boost enforcement of Missouri's open records and meetings law.

The proposal, however, would not eliminate what some Sunshine Law experts believe is an inherent conflict of interest by allowing the same office to both pursue violations of open government laws and represent the state agencies accused of breaking them.

Applying the law

In Missouri, the attorney general, a local prosecutor or any taxpayer or resident can sue to enforce the state's open records and meetings law. But it is the attorney general's office that most often fields and investigates complaints.

Democratic Attorney General Jay Nixon has no one dedicated exclusively to Sunshine Law issues. Rather, he has three employees whose various duties include educating government officials and the public about the Sunshine Law and trying to mediate disputes, said Nixon spokesman Scott Holste.

Harris, a House member from Columbia who is one of three Democrats seeking to succeed Nixon, has proposed the creation of a special Sunshine Law Enforcement Unit within the attorney general's office. He said Nixon is doing a fine job of handling Sunshine Law issues.

"What this does is just ramp it up," Harris said Monday. "It makes certain there are lawyers in that office who are dedicated to enforcing the Sunshine Law and prosecuting violations."

His proposal still needs to be fleshed out. Harris isn't sure, for example, how many employees would be necessary in the special unit. He said he's open to suggestions.

Idea drawn from article

Harris drew his proposal from an article published earlier this year in the Journal of the Missouri Bar. In the article, writers Jean Maneke and Jill Barton note that 16 other states have some entity dedicated to helping residents with open records and meetings laws.

They conclude that "Missouri is shortchanging its citizens" by failing to have such a unit and suggest one should be established in the secretary of state's office.

Under their proposal, the state's public records counsel could give written opinions on Sunshine Law disputes that, while not legally binding, would be given deference in court.

"What's most important is to have somebody who has the ability to either act as a third party mediator and give people a vehicle outside of the courtroom, or who can advocate more strongly for enforcement of the Sunshine Law," Maneke, a Kansas City lawyer, said Monday.

Because the attorney general's office provides legal representation to state agencies, an attorney responsible for pursuing Sunshine Law violations would have greater independence if based out of a different office, Maneke said.

Harris: No conflict

Harris said he didn't believe a conflict of interest would arise that often, because many disputes involve local governmental bodies that the attorney general's office does not represent. If there were a conflict, an outside attorney could be hired to either defend the state agency or pursue the alleged violation, he said.

"I really believe this is a natural fit for the attorney general's office," Harris said, "and the point is we need to have an office dedicated to the Sunshine Law."

Holste said he did not know whether Nixon, who has been attorney general since 1993, had ever considered something similar.

But under the status quo, "we do think we've got a pretty good system of education, mediate and, if necessary, litigate," Holste said.

Nixon is not seeking re-election. Instead, he is challenging Republican Gov. Matt Blunt in the 2008 election.