It ain't open till it's open

While trying to track down which government officials have had Sunshine Law training and which have not, one fact became quickly apparent.

There's no excuse for not knowing the basics.

The Sunshine Law exists to make sure our government officials are accountable for what they do. Open government gives you (and yes, nosy reporters) access to documents and meetings.

Missouri's attorney general's office includes a review in its "Ethics In Government" session, every other year to elected officials.

Cape Girardeau County Clerk Kara Clark keeps her 2007 class certificate in her office. She attended with County Collector Diane Diebold.

The Missouri Municipal League, the Missouri Association of Counties and the Missouri City Clerks and Finance Officers Association also offer Sunshine information. Most governments have either a full-time lawyer, such as Eric Cunningham for the city of Cape Girardeau, or one on retainer, such as David Summer for the city of Chaffee.

At least 200 people attend the Sunshine law class every year offered by the Missouri Municipal League, according to staff associate Stuart Haynes.

Lawyer Paul Campo conducts that class. He deals with Sunshine Law issues on a daily basis while representing a range of cities, from more than twice Cape Girardeau's size, such as Lee's Summit, Mo., to Lone Jack, Mo., which has fewer than 700 residents.

Often, he said, the smaller communities have a tougher time understanding the law because they haven't had formal training.

"You're dealing with people who hold down regular jobs [in addition to elected office]. It'll take two of their vacation days to travel to Jefferson City," he said.

His workshop hits the high points. The law requires 24-hour notice of public meetings. Most documents are public records. Even advisory boards must follow Sunshine Law requirements.

"I wish I could spend all day with them. In an ideal world, there would be a beginning and an advanced class," he said.

Mainly, he tells officials to ask questions if they are not sure how the law works.

"It's nothing to be mad about, or fear, or try to get around. You just apply it as best as you can," he said.

Campo said the biggest mistake any government official can do is ignore requests for information.

"No response may infuriate people or lead to speculation or allegations of a cover-up," he said. In any case, responding to a request "doesn't have to be an adversarial process."

Lawyer Tom Ludwig recalls the frenzy for training shortly after Missouri's Sunshine Law passed in 1973. These days, he passes along what he's learned to his clients at annual workshops, which include the cities of Jackson, Delta, Perryville, Fredericktown and occasionally Marble Hill. He also works for Jackson Public Schools. Ludwig said he evaluates Sunshine Law questions on a case-by-case basis and offers general guidelines.

"There are some people in government who think everything's secret and the exceptions are what they give out," he said, pointing out that quite the opposite is the case.

Those few exceptions that must be kept private include student records and personnel issues, he said. He believes the law should include negotiations with industrial developers and the mailing list for Jackson's utility company.

"I personally believe the Sunshine Law was not intended to have us have to give out the name and mailing address of your 80-year-old grandmother," he said.

Questions, suggestions or tips for Lost on Main Street? E-mail pmcnichol@semissourian.com or call 335-6611, extension 127.