Roger Young was in Jefferson City when he received a disturbing phone call. Someone had dumped a sick horse on private property in Audrain County. The horse, which had a fatal case of equine distemper, also known as strangles, was euthanized. Four days later — when Young was called — its carcass remained on the ground.
Young, Audrain County's Eastern District Commissioner, said he quickly agreed to a request from a county health official to authorize a county road and bridge crew to help remove and dispose of the horse.
Audrain County's dead horse situation is an extreme example of why some commissioners are frustrated with Missouri's Open Meetings and Records Act, nicknamed the Sunshine Law, Young told me. If he'd followed the law to the letter, Young said, he'd have had to wait five more days to decide the matter with his fellow commissioners in an open meeting. We talked while Missouri Press Association attorney Jean Maneke discussed Sunshine issues during state-required training in Jefferson City.
After Maneke's seminar was over, I lingered and listened to her answer questions relating to specific counties — several new commissioners continued to have questions about the tips they'd received from Cape Girardeau County Presiding Commissioner Gerald Jones' voluntary Sunshine Law orientation session, held a day earlier. One man, after hearing Maneke's explanation of the importance of open meetings, simply huffed, "Well, I've about had enough" before walking away.
Maneke said commissioners tend to be her toughest audience. They are frequently longtime county residents who operate in relatively small communities, in some cases with little money, and feel they have the best interests of the community in mind — it's a story I heard again and again from commissioners during their Jefferson City training. Having to follow a bunch of state rules to do county business seems counterintuitive, they said. Maneke spent a lot of her time telling commissioners the Sunshine Law helps because it provides clear guidelines for conducting government business.
Missouri Rep. Tim Jones, (R-St. Louis County) has introduced a bill to revamp parts of the Sunshine Law. House Bill 316 would require a five-day notice for any meetings relating to fee or tax increases. It would allow electronic public records to be provided in commonly used electronic formats when possible. HB 316 would also prevent a few things. Third-parties couldn't be present during closed meetings, unless they are invited to provide relevant information to the matter at hand; closing meetings to discuss possible litigation would be banned. Newly elected officials would not be allowed to meet privately with other elected officials before they have formally taken office, as commonly occurs.
Cape Girardeau County 2nd District Commissioner Jay Purcell testified during a recent hearing on HB 316, as did Maneke. The bill is not on any calendars this week, but if it comes to a vote and is approved, the new rules would go into effect Aug. 28.
Here's something for all of our calendars: Sunshine Week is March 15 through 21. Learn more at www.sunshineweek.org.
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