TAX FUNDS IN LAWSUIT SHOULD BE PUBLIC

In the legal world, out-of-court settlements of civil lawsuits tend to be fairly common. Many such lawsuits are settled without going to trial.

The settlements allow both sides to sidestep costly court battles, and the details often remain confidential between the clients and the lawyers. Silence by all parties, then, becomes a mandate of the settlement. Case closed.

But not so fast.

A settlement reached among private citizens and businesses is one matter. When it extends to government entities that pay these settlements with tax dollars, a different standard should apply.

The public should have open access to government spending -- including legal payments to unhappy employees or former employees. Southeast Missouri State University has settled five federal lawsuits in the past two years.

Terms of the settlements had been a closely guarded secret. But the state's share -- paid from the Legal Expense Fund -- is public record.

A recent request for information by the Southeast Missourian revealed not only the state's share, but the university's stake in several lawsuits.

As a result, the community learned Southeast and the state had paid out at least $160,000 in three settlements.

-- The university and state paid a combined $75,000 to Loretta Schneider, who alleged sex and age discrimination.

-- The university and state paid a combined $75,000 to Louisa Panou-Takahashi, who said her department chairman practiced sexual harassment.

-- Southeast paid $10,000 from the state's legal defense fund to Theodore Hirschfield, who filed a lawsuit alleging he was denied free speech and due process. His case involved student claims of sexual harassment.

These settlements -- and all others involving the university and any other government agency -- should have been open all along.

The Southeast Missourian isn't alone in its stance that governmental legal payments should be open record. Missouri Attorney General Jay Nixon and his staff think any agreement that obligates spending taxpayers' money should be open.

But state law doesn't require universities and other agencies to disclose such payments. That law should be changed.

OK, state universities aren't solely supported by tax dollars. Students pay fees. Businesses and citizens support private foundations. But money collected from students, businesses or citizens should not be used to pay a university's legal bills. That would be a totally inappropriate use of those revenue sources.

Secret settlements may help to resolve disputes. But they don't win any points with taxpayers, who are footing the bill for state-supported universities and other government entities.