Is Branson a “headache and a pain in the neck” for Missouri’s Sunshine Law?

A recent news article reported that “Missouri Attorney General Jay Nixon shares the frustration of many American citizens who seek information from the federal government.” Nixon said that it is “a headache and a pain in the neck” to try to get information out of Washington.

If Nixon thinks that it’s a headache and pain in the neck to get information out of Washington he ought to try to get information out of local governments in Missouri, such as the city of Branson, using Missouri’s Sunshine Law. It too is a “headache and pain,” one that is caused, in large part, because of an Attorney General’s Opinion issued by him!

“Seagull, I thought you admired Nixon and the job he is doing?”

“That’s true but it doesn’t change the question.”

“What question?”

“Why do you look at the speck that is in your brother’s eye, but do not notice the log that is in your own eye?”

As an example, hundreds of millions of taxpayer dollars have been spent and obligated over the last three years for recreation centers, conventions centers, infrastructure costs, marketing and other contracts, etc. by the Branson Board of Aldermen. Unless an Ole Seagull misses his guess, an awful lot of the discussion relating to those expenditures has taken place behind closed doors in what the Branson Board of Aldermen call an “Executive Session.”

“Is that what the Sunshine Law refers to as a closed meeting?”

“That’s it.”

“Then why do they call it an “Executive Session?”

“Don’t know for sure, maybe because it gives them a chance to meet with the real “executives” that control Branson and discuss issues without public involvement or scrutiny.”

The Sunshine Law states that it Missouri’s public policy that meetings of public governmental bodies be open to the public and that exceptions to that policy shall be strictly construed to promote that openness. In furtherance of that policy, the very section authorizing the exceptions for closed meetings states that its provisions shall not be construed as to require a public governmental body to hold a closed meeting to discuss or act upon any matter.

“Gosh Seagull, does that mean that in most situations where the Branson Board of Aldermen hold closed meetings that the law doesn’t require them to?”

“That’s a distinct possibility.”

“Then why do they do it?”

“As evidenced by their action involving the removal of the Liberty Tree, one reason could be so that government and their ‘executives’ can do what they want when they want with minimal public involvement in the process.”

Unfortunately, Attorney General’s Opinion No. 68-95, issued by Nixon’s office, makes it very easy for those who do not want to comply with the Sunshine Law to do so. The law appears to require that the notice for a closed meeting contain both the subsection of the law authorizing the closed meeting and “its tentative agenda, in a manner reasonably calculated to advise the public of the matters to be considered.”

Nixon’s opinion states that “the mere reference to the subdivision” authorizing the exception is sufficient and completely ignores the requirement that the notice be “reasonably calculated to advise the public of the matters to be considered.” How can a notice that merely says, “Subsection 610.021.12” be reasonably calculated to advise the public of the matters to be considered, provide even the basic information needed to formulate a request for information under the Sunshine Law, or ensure that the exception being used for the closed meeting is authorized?

“It can’t”

“Well, the same person complaining about what ‘a headache and a pain in the neck’ it is to get information out of Washington says it does. That creates ‘a headache and a pain in the neck’ for Missourian’s who are trying to use Missouri’s Sunshine Law.

“But Seagull the Branson Board of Aldermen could give as much detail in their notice as they want to or even open up a lot of closed meetings to the public?”

“That’s true but, they could ask Target and Home Depot to build in Hollister, contribute toward the four laning of Highway 65 to the Arkansas state line, and support casino gambling in Rockaway Beach too.”

Anyone want to bet that they will?