Even Schmitt got involved in a Sunshine Law dispute with the Missouri Veterans Commission in 2020, demanding the agency turn over a report it had withheld from the public. The Missouri Independent is a nonprofit, nonpartisan news organization dedicated to relentless investigative journalism and daily reporting that sheds light on state government and its impact on the lives of Missourians. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Nuelle did not provide any examples of instances in which the office has pursued enforcement action against state entities that it received Sunshine Law complaints regarding. In a complaint filed by then-St. Louis Post-Dispatch reporter Jeremy Kohler against the Department of Natural Resources, the attorney generals office similarly provided the agency with its legal analysis. The department acknowledged receiving the request in May and said responsive records may be available in July. An October 2016 advisory report issued by the Missouri State Auditor ("Auditor") identified common Sunshine Law violations in Missouri government. Without a fix to close the loophole in enforcement, Missourians will continue to have few options to remedy potential violations state agencies have committed. The lawsuit asks the court to enter judgment deeming the department to have violated Sunshine Law "by not providing timely follow-up or a legitimate denial" of the request, as well as ordering the department to produce the documents and pay an "appropriate civil penalty." She also covered state government in Texas for The Fort Worth Star-Telegram. In a complaint filed by then-St. Louis Post-Dispatch reporter Jeremy Kohler against the Department of Natural Resources, the attorney generals office similarly provided the agency with its legal analysis. The department acknowledged receiving the request in May and said responsive records may be available in July. For a purposeful violation, the penalty can be as much as $5,000. Other states, like Illinois and Iowa, have independent agencies that handle open records disputes and issue formal opinions. Close to a month later, Kohler was sent a similar six-sentence letter as Colloff closing his complaint and citing the same justification that DNR was considered a client. . by a state agency should be punished by awarding fees to the attorneys who prosecuted the violations. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Please see our republishing guidelines for use of photos and graphics. HHSs lawsuit argues the litigation exception is sufficiently narrow that it shouldnt apply because the records are not inherently connected to litigation at least not for the entire time period the request covered. But the appeals court decision would likely mean groups like the one she used to lead would come to a different decision today, Maneke said. Although we likely still will get an unfavorable story, Smith wrote, hopefully it will not be able to plausibly complain that we did not provide sufficient reasoning for our decision., In discussing a July 2020 complaint against the Missouri Department of Transportation, attorneys were unsure if the agency would be a client of the attorney generals office. Send questions and comments about this story to feedback@stlpublicradio.org. Close to a month later, Kohler was sent a similar six-sentence letter as Colloff closing his complaint and citing the same justification that DNR was considered a client. But Hawley later reversed course and launched investigations into both issues. The lawsuit disputes that the documents fall under that exemption to Missouris open records laws and also takes issue with the 10 months it took the state to deliver its decision. The lawsuit eventually reached the Missouri Supreme Court. I will continue to push for public access to open records across the state and strongly urge the legislature to pass a statutory amendment to require more transparency of entities spending taxpayer money in Missouri, he said. corporation . , with attorneys general of both parties wrestling with a conflict between a duty to enforce the Sunshine Law and a responsibility to defend state agencies. The $185,671 bill approved by Walker could grow, Tettlebaum said. that went into his decision, Hawley explained that the conflict of interest the office faces hasnt been interpreted consistently. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Absolutely nothing was ever disclosed, Colloff said of the records she sought. And in an effort to be open, I did provide him stuff. Chuck Hatfield, the attorney representing HHS Technology, said in an interview with The Independent he hopes the court clarifies that such delays arent permissible. Missouri's Sunshine Law is the embodiment of Missouri's commitment to openness in government. The bill was seen as a way to settle the question of whether the attorney general could enforce the Sunshine Law in state agencies once and for all. But on the other hand, Hawley wrote other cases suggest there is no true conflict of interest in cases like this one, noting that prior attorneys general have sued other statewide officials with no ethical concerns raised. In 2017, Hawley initially declined to take action on Greitens use of a messaging app that automatically erased messages and his denial of records related to his offices social media accounts. Transparency advocates argue its still needed. Missouri Independent maintains editorial independence. The Missouri Sunshine Law is meant to give light to important government issues in the state. James Klahr, an assistant attorney general, initially wrote to attorney generals office staff in November 2020 that he thought DHSS better legal position would be to release the records to Colloff. 610.010 R.S.Mo. She previously wrote for the Nevada Current, where she reported on labor violations in casinos, hurdles facing applicants for unemployment benefits and lax oversight of the funeral industry. Malin sued, and after nine years of legal wrangling, an appeals court earlier this month agreed with Daugherty. Media, including The Independent, have seen requests for public records from Department of Social Services languish for months,and staff do not always respond to inquiries after the estimated delivery date has passed. And this is certainly shutting out most people from their own government, which I think is a terrible, terrible policy decision.. According to the lawsuit filed Thursday in Cole County, Florida-based HHS Technology submitted a request for records to the social services department in late April 2022. Matt Blunt, a Cole County judge dismissed the lawsuit and found the investigators lacked standing to sue on behalf of the attorney generals office. Gov. Missouri Independent is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Missouri Independent maintains editorial independence. our office for review. Federal officers and agencies are covered by the Freedom of Information Act. Chris Nuelle, a spokesman for Schmitt, defended the offices record on the Sunshine Law in a statement Wednesday by pointing to nine lawsuits the attorney generals office filed since 2019 over alleged open records law violations. In particular, he called out Aaron Malin, who had been filing open records requests with various drug task forces and law enforcement agencies seeking information about how they were fighting the war on drugs. Turnover had an impact as well, he said. Its an issue thats persisted for years, with attorneys general of both parties wrestling with a conflict between a duty to enforce the Sunshine Law and a responsibility to defend state agencies. But seeing the attorney generals legal advice to DHSS makes him think otherwise. organized or authorized to do business in this state under the provisions of chapter 352 . In a presentation entitled Marijuana Proponent Strategies, Daugherty ticked through the , In particular, he called out Aaron Malin, who had been filing open records requests with v. arious drug task forces and law enforcement agencies seeking information about how they were fighting the war on drugs. Walker added another $76,889 for the effort to obtain fees in the intervening decade. Establishing a similar office in Missouri would likely require lawmakers to appropriate funding and set state statutes governing the office. Hawley ultimately determined that there was not a conflict that would prevent a Sunshine Law investigation into a state agency and that the attorney generals clients are first and foremost the citizens of the state.. But a broader issue at play is the flat-out failure to respond to the Sunshine request, when they told us theyd respond to us at the end of July, he said. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. ANDREW BAILEY. Contact Editor Jason Hancock for questions: info@missouriindependent.com. It noted that Gross had filed a lawsuit against the governors office over the allegations in the complaint, and that the attorney generals office would be representing Parsons office. If theyre just going to use the information they get from these complaints to then try to close loopholes, Garrison said, or try to make it harder for people to get public information that they have a right to, then its not worth it., Roland agreed, saying the complaint process, allows the attorney generals office and the state agency to hone their reasons for withholding documents.. HHSs lawsuit argues the litigation exception is sufficiently narrow that it shouldnt apply because the records are not inherently connected to litigation at least not for the entire time period the request covered. The state argued it didn't have to turn over records because they were exempt from Sunshine Law under the litigation exception, which carves out records related to the nexus of ongoing litigation. After the signatures are verified, State. Matt Blunt, a Cole County judge dismissed the lawsuit and found the investigators lacked standing to sue on behalf of the attorney generals office. . Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Nuelle did not provide any examples of instances in which the office has pursued enforcement action against state entities that it received Sunshine Law complaints regarding. Theyre always going to defend the state agency, because that is their primary responsibility.. Its basic intent is clear in the following section: "It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless . Please see our republishing guidelines for use of photos and graphics. Hirth said it would be unlikely for the attorney generals office to inform the complainant they were right and to force the client agency to make changes. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. When Kinder, who retired in 2013, ruled in Integras favor on the Sunshine Law complaint, he denied their other counts as moot because of the other litigation. Missouri Independent maintains editorial independence. Open Records/ Sunshine Law Requests; Reporting; Report an Environmental Concern; Video Broadcasts; DROUGHT ALERT - Governor Parson Signs Executive Order, Declaring a Drought Alert for 60 Missouri Counties. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. The USTelecom-led Industry Traceback Group, which notifies providers about known and suspected illegal robocalls sent across their networks, sent at least 329 notifications to Avid Telecom that it was transmitting these calls, but Avid Telecom continued to do so. This page is a resource to help Missourians understand the Missouri Sunshine Law and its implications for public and quasi-public governmental bodies, members of those bodies, those that She also wrote about vocational education for Democracy Journal. If you have unanswered questions regarding the Missouri Sunshine Law, please visit our "Ask the Attorney" section of the website. It has now been 45 years since Missouri adopted its Sunshine Law, which obligates government agencies and officers to give the public access to most public records and public meetings. For about three years after Kinders initial ruling, the state tried to get the order for attorney fees overturned. sunshinelaw. According to the lawsuit filed Thursday in Cole County, Florida-based HHS Technology submitted a request for records to the social services department in late April 2022. 29 May 2023 20:43:22 Mike Parson over Sunshine Law violations, said he believes Schmitts enforcement of Missouris open records law, is very selective and appears not to be made in the best interest of transparency, accountability, and participation by Missourians., Right now the attorney general is choosing to represent the government, which has an interest in closing records, Gross said, versus the people who have an interest in seeing them and being able to see what their government is doing.. Follow Missouri Independent on Facebook and Twitter. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. If Attorney General Eric Schmitts office decides to appeal and is unsuccessful, the bill would increase further. Appeals court says government-funded nonprofit not subject to Missouri Sunshine Law. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. The attorney generals office initially thought DHSS should hand them over, but ultimately ended up offering legal advice on how the department could shore up a potential loophole in the regulation it had relied on that could result in a lawsuit. At the time, I didnt think anything was wrong with it because were transparent., He then spoke to his board of directors, Daugherty said during his 2021 deposition, and at that point all of the board said the Sunshine Law didnt apply to us.. The attorney generals office originally agreed with Colloff that she should get access to divorce records of a couple that had both died years before. Jan 21, 2020 Updated Jan 23, 2020 NEOSHO, Mo. Missourians who receive unwanted calls can fill out the form to be placed on both the federal and state No-Call List at ago.mo.gov and can report violations of this list to the AGO at (800) 392-8222. If you would like to make a request fromanother public governmental body you A ballot measure approved in 2008 authorized attendants across the state to form a single local for collective bargaining purposes and set up the Missouri Quality Home Care Council to act as the employer for the purpose of negotiating pay and other working conditions. For a purposeful violation, the penalty can be as much as $5,000. A software company that successfully sued the state and was awarded $23 million last year has filed a new lawsuit against Missouris Department of Social Services, alleging the agency knowingly and purposefully violated open records law. Its in the attorney generals offices interest to ensure that if it believes the agency is in the wrong, to get the client to fix the problem and not get sued, he said. The loophole created by this dynamic isnt unique to Schmitt, who took office in 2019. I want to protect consumers, which is why my office is working to hold accountable those who illegally plague Missourians with unwanted phone calls,said Attorney General Bailey. Attorney General Bailey Joins 47 States in Suing Avid Telecom for National Robocall Violation, https://ago.mo.gov/docs/default-source/press-releases/2023-05-23-(001)-conformed-complaint--avid-telecom(14050302-1).pdf?sfvrsn=5a3e5fc3_2. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. LOUIS, Mo. using tactics akin to 1960s radicals to advance their cause. Carolina Hidalgo | St. Louis Public Radio, St. Louis Public Radio | Missour Missouri w 5. Steve Garrison, a former Missouri School of Journalism graduate student who assisted Colloff in her research on the Sunshine Law request, said he used to think there was nothing to lose in filing a Sunshine Law complaint. Assistant Attorney General Brian Earll wrote in a November 2020 email to Jacob Westen, DNRs then-deputy general counsel, that under a federal statute he didnt find anything which affirmatively requires withholding the data Kohler requested. She previously covered the Missouri statehouse for The Kansas City Star and The Columbia Missourian, where her reporting into social media use by the governor prompted an investigation by the Attorney Generals office. Therefore all records are open to the public unless specifically . When Missouris health department refused to turn over certain documents to ProPublica reporter Pamela Colloff in October 2020, she did what the attorney generals office directs anyone to do if they believe a government agency is illegally withholding public records. The Missouri Independent is a nonprofit, nonpartisan news organization dedicated to relentless investigative journalism and daily reporting that sheds light on state government and its impact on the lives of Missourians. The office represents the states interests in ensuring that public meetings and records are open to the extent provided by law. Judge Cynthia Martin wrote in her decision that even though nearly two-thirds of ACT Missouris funding over a three year period came from its contract with the state, its activities went far beyond the activities contemplated by the (department of mental health) contract.. Kohler declined to comment on the records. The Sunshine Law, also known as the Open Meetings and Records Law, covers all political subdivisions in Missouri, including townships. Missouri Independent is part of States Newsroom, a network of news outlets supported by grants and a coalition of donors as a 501c(3) public charity. Missouri Independent is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. If you would like some assistance in drafting a request for public records you can viewoursample language forms to assistwith your request. Mr. The Missouri Sunshine Law does not require that an open records request be submitted in a specific format. The bill passed the House with only one vote in opposition, but was never heard in committee in the Senate. But critics note that, while enforcement of open records laws against state agencies by the attorney generals office is rare, its not unheard of most notably when Schmitts predecessor, Republican Josh Hawley, launched a pair of Sunshine Law investigations into former Gov. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. To my mind, the court is not really doing justice to the intention of the legislature when it created the Sunshine Law., The ruling restricts the number of publicly-funded organizations who are subject to Missouris transparency laws, Roland said, and it may discourage litigants who have valid cases to be made that certain organizations are supposed to be transparent to the public about how theyre using taxpayer money., Jean Maneke, an attorney for the Missouri Press Association, worried the courts decision too narrowly defined what would qualify as a quasi-government body., I used to be president of a not-for-profit childrens organization in the city, and we functioned solely on receiving federal funds for handicapped kids, she said. - Missouri Attorney General Andrew Bailey joined a coalition of 48 states in filing suit against Avid Telecom, its owner Michael Lansky, and its vice president Stacey Reeves, for sending more than 7.5 billion calls to telephone numbers on the National Do Not Call Registry. Two of the lawsuits were filed this week, and all but one were filed against local government entities. The company says it did not hear back from DSS, despite repeated queries, until last month, when after 10 months the state formally denied the request and refused to turn over records. Schmitt also previously chose to weigh in on Sunshine Law issues regarding state entities, like in December 2020 when he sent a letter to the Missouri Veterans Commission directing its chairman to immediately release a 415-page report it argued was exempt from disclosure under the Sunshine Law and when he told Parsons office in 2019 it should not rely on the First Amendment for blanket redactions. HHS Technology says in its lawsuit that the records request submitted late last April was for documents related to how the department requested and allocated taxpayer dollarsin its public solicitation process for a system to modernize its case management of public benefits, between 2013 to April 2022. The number of people seeking help online is a fraction of the 94,900 transgender adults estimated to live in Florida by the Williams Institute at the University of California, Los Angeles School . Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. To avoid potential conflict of interest issues, Sara Rittman, an assistant attorney general, recommended complaints against state agencies be assigned through the normal process at managers meetings. Roland said that while he disagrees with the court in its ruling that ACT Missouri isnt subject to the Sunshine Law, he is encouraged that, at least initially, Daugherty turned over some records. Between December 2018 and January 2023, Avid sent or attempted to transmit more than 24.5 billion calls. The Missouri State Capitol is seen Friday, Sept. 16, 2022, in Jefferson City, Mo. Avid Telecom assisted that customer in sending more than four billion robocalls between May 2019 and March 2021. The letter made no mention of the weeks of discussions, conducted via email and over the phone between the attorney generals office and the health department, about the complaint and the agencys refusal to turn over records. I had the training to take this case and the credit card limit to accept those costs while I was doing it, but most folks dont, Gross said. The department has had issues quickly processing Sunshine requests in the past. Of that, $108,789 was for the work done by Integras attorneys from the date of the original filing in 2009 until Senior Judge Byron Kinder decided in August 2011 that the violations were egregious enough to warrant the fees. This material may not be published, broadcast, rewritten, or redistributed. 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