List of recent documented Sunshine Law concerns between the Southeast Missourian and government bodies

Date: Feb. 6

Government body: Chaffee City Council

Sunshine Concern: Closed meeting confrontation to impeach the mayor, an elected official. Elected officials are not considered employees according to the Sunshine Law, and must be confronted in public.

Outcome: Vote failed; mayor resigned the next day, but rescinded the resignation within hours.

City attorney David Summers instructed city officials not to discuss the incident.

www.semissourian.com/article/20080208/NEWS01/124342559

Date: Feb. 6

Government body: A quorum of Cape Girardeau County commissioners, Gerald Jones and Jay Purcell

Sunshine Concern: Jones and Purcell shared a ride to a Jefferson City conference. Purcell recorded the conversation during the four-hour car trip, during which the two men discussed various areas of county business.

Outcome: The release of that and other recordings of county business, all made public in May, have become part of a lawsuit filed by Purcell demanding the commissioners increase Sunshine Law training and the commission's request that the attorney general's office investigate Purcell for making the recordings.

Date: April 17

Government body: Cape Girardeau County commissioners

Sunshine concern: Closed-meeting confrontation of county auditor David Ludwig, an elected official, to force his resignation for violating the county's computer use policy; debate over County Road 436 easement.

Outcome: Ludwig left the building that day and has not returned; Second District Commissioner Jay Purcell subsequently filed a Sunshine Law suit against the commission while the county has asked for an attorney general investigation of Purcell for recording the closed session. No court date has been set. Prosecuting Attorney Morley Swingle argues the meeting was legally closed because of "potential litigation" though a digital recording of a closed meeting did not include a discussion of a pending lawsuit.

Date: May 4

Government body: Cape Girardeau County park advisory board

Sunshine concern: Board chairman Joe Sherinski holds no board meeting and tells the county commission the board is 6-1 in favor of the sale of park land. He said he reached that conclusion based on individual telephone calls the day before.

Outcome: Two of four board members contacted by the Missourian afterward said they were opposed to the sale of park land. The county approved the sale of park land. Sherinski later said, "When I accepted membership on this board, nobody said there regulations or rules to obey."

Date: May

Government body: Missouri State Highway Patrol

Sunshine concern: The Missourian requested all e-mails sent between members of highway patrol about the Josh Kezer case. The request was initially denied on the grounds that an active investigation was underway.

Outcome: After determining the e-mails were not part of an active investigation, a second Sunshine Request was made naming specific troopers and subject line text. After one week, the patrol requested a 10- to 15-day extension; the patrol has since requested a second 10- to 15-day extension.

Date: May 9

Government body: Cape Girardeau County's park advisory board

Sunshine Concern: Met without posting the required notice to discuss the proposed sale of park land

Outcome: Board chairman Joe Sherinski said he kept deliberations private because he didn't want the media to attend.

http://www.semissourian.com/article/20080510/NEWS01/99018853

Date: June 26

Government body: Cape Girardeau Transit Authority

Sunshine concern: Director Tom Mogelnicki withholds certain budget documents requested by the Southeast Missourian for several weeks until he can review the request with the board. The director said releasing certain information could help the transit authority's competition.

Outcome: The transit authority board has since released some documents, including month-by-month budget reports, but is seeking legal counsel over whether it must share contract and payroll information with the public.

Date: July 10

Government body: Cape Girardeau County E911 board

Sunshine Concern: Dick Knaup, the county's emergency operations director, acknowledges he privately canvassed board members for agreement on a 911 equipment contractor -- a Sunshine Law violation called "hub-and-spoke."

Outcome: Knaup said later he did not intend to violate the law when he gathered signatures for the recommendation letter. County commission accepted the board's recommendation, under protest from at least one other bidder for the contract.

http://www.semissourian.com/article/20080711/NEWS01/59590615

Date: July 14

Government body: Cape Girardeau Senior Citizens Services' Fund Board

Sunshine Concern: Met without posting a notice and approved additional funds for the county's transit authority ($15,000) and Saint Francis Medical Center cardiac rehabilitation program ($2,484).

Outcome: Board chairman Dale Rauh said he is aware of Sunshine Law requirements, but he did not post a meeting notice because the meeting was brief and board members knew the issues being discussed.

http://www.semissourian.com/article/20080711/NEWS01/59590615