MOHELA board fights to keep records closed

By John V. Smith

In March 2006, I began service on the board of the Missouri Higher Education Loan Authority. At that time, I was aware of the negative publicity MOHELA had received in some quarters. In terms of what proceeded my arrival at MOHELA, I have no comment or direct knowledge.

First, let me say that MOHELA is a great organization staffed by competent and caring people. I have friends who have MOHELA loans, and they tell me that they are tremendously impressed by the way they have been treated. The senior management staff daily endeavors to improve any perceived deficiency and improve their mission in any way possible.

Second, the MOHELA board is composed of individuals who are simply citizens who have been asked to oversee MOHELA. This board is composed of the finest group of individuals with whom I have had the privilege to work. We have endeavored to be open, transparent and honest in every undertaking, setting goals for the organization in order to help more students attend college.

One of the things we have done to let the people of Missouri know more about MOHELA is to occasionally move our meetings around the state. Our March meeting was held on the campus of Missouri State University in Springfield, and this was the first time a Missouri college hosted MOHELA's board.

Third, when Susan Montee was elected state auditor, one of her first priorities was to announce an audit of MOHELA. MOHELA has "housed" her staff members on our campus for three months and has cooperated with them in their task. In fact, just last week I met with them and asked if MOHELA had been cooperative, friendly and forthcoming. In every respect, the auditor's staff members replied affirmatively.

In the board's meeting last week, we met in closed, not "secret," session and made our decision regarding the auditor's request for closed-meeting minutes. We are not a closed organization but were simply following the Sunshine Law and, like school districts and other organizations, had a closed session to discuss the auditor's request. Exercising our legal rights, we declined to make closed-meeting minutes available.

In an effort to be as open as possible, MOHELA informed the attorney general's office that we were cooperating with the auditor but were moving to have her request quashed. The attorney general's office requested MOHELA to wait until the next day to file its motion so the attorney general's could talk to one of MOHELA's attorneys. This request was granted. Sadly, Susan Montee filed suit against the good and honest citizens who comprise the MOHELA board prior to MOHELA filing its request.

The auditor is seeking nonfinancial information while the Missouri Supreme Court and Missouri attorney general have previously said the auditor is limited to financial information. It appears to me that we have an auditor who is endeavoring to expand her powers to areas that are off limits, not only to her, but to others as well. MOHELA had a duty to endeavor to quash this request, not only for MOHELA, but for all organizations that are legally empowered to have closed meetings under that Sunshine Law.

I have no ax to grind with the auditor or attorney general, both of whom are good people, but I do not like getting sued over nonsense. This request of the auditor was, in my opinion, going too far.

John V. Smith of St. Charles, Mo., is the chairman of the Missouri Higher Education Loan Authority board.