PRESS ATTORNEY DISCUSSES SUNSHINE LAW

PERRYVILLE -- Is a county commission in violation of Missouri's open meetings and records law if it doesn't have set meeting times and specific agenda items?

"Yes," said Jean Maneke, legal hotline counselor for the Missouri Press Association. She answered questions from journalists Friday during the 105th annual meeting of the Southeast Missouri Press Association in Perryville.

Maneke reviewed the most-often-asked questions concerning the Sunshine Law during the meeting at Perryville High School.

She said county commissions that don't have structured meetings with specific agenda items may be in violation of the Missouri law.

"Someone needs to alert commission members," Maneke said. "A court action to enforce the Sunshine Law can be brought by any citizen."

According to Missouri's Sunshine Law, public meetings are to be held at reasonably convenient times and in places accessible to the public. Meetings should be accessible to persons with disabilities. The law defines public meetings as: Any meeting of governing bodies of higher education; departments of political subdivisions of the state, county, or municipal government; school districts; special-purpose districts; and quasi-public governmental bodies.

Maneke said there are new troubling concerns in the right to public knowledge.

"There are new troubling provisions in the law," she said. "Some public entities are selling public records at a cost, such as city councils." She questions the legality of such provisions and is currently looking into the legal solutions to what she feels is a violation of the public's access of public documents.

Currently there are non-public bodies around the state who are making decisions on public funds and Maneke finds this extremely disturbing.

"Businessmen are meeting in private. They may not be actually spending public money themselves but they are making decisions on what to do with the money," she said. Maneke said when non-public bodies hold meetings it may be very difficult for the public to have access to meeting records.

Maneke stressed the public's right to know.

"The Sunshine Law is not for journalists but for the public," Maneke said. "When journalists enforce the Sunshine Law they are protecting the public's right to know."

Mildred Walhausen, former publisher of the Charleston Courier Journal, was also honored at the press association banquet Friday night for her years of service in the newspaper business.