Tuesday, October 07, 2014

State auditor: Boards, councils routinely violate Sunshine Law

(From Missouri State Auditor Thomas Schweich)

State Auditor Tom Schweich released a report today which found that state and local governing bodies routinely violate Missouri's Sunshine Law.

The report was compiled using the nearly 300 audit reports issued between Jan. 2012 and Dec. 2013. The objective was to summarize recent audit issues and recommendations regarding the Sunshine Law and other issues related to meeting minutes.

Formal meeting minutes were not prepared or maintained for some open meetings, and minutes maintained did not always include sufficient detail. Minutes of affiliated boards, committees and commissions were not always prepared or maintained by the custodian of records. Several entities failed to document the reasons for closing meetings, the specific section of law that allowed for the closing, and votes regarding the meeting closure.

Minutes were not prepared or maintained for some closed meetings, and minutes maintained did not always include sufficient detail. Several entities discussed issues in closed session which were not allowable under state law or did not document how some issues discussed in closed meetings were allowable, and some discussed issues other than the specific reasons cited for going into closed session. Some governing bodies did not always publicly disclose the final disposition of applicable matters discussed in closed sessions.

Neither the Missouri House of Representatives nor the Missouri Senate considers the Sunshine Law applicable to records of individual members. The Missouri Employers Mutual Insurance Company (MEM) contends it is neither a public governmental body nor a quasi-public governmental body for purposes of the Sunshine Law. We recommend the General Assembly determine whether the MEM is subject to the Sunshine Law and amend the law to clarify it applies to individual legislators while carving out legitimate and necessary exceptions.

To read the full report, visit: http://www.auditor.mo.gov/AuditReports/AudRpt2.aspx?id=57

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