4A
May 29, 2003
Opinion The Cuba
Free Press
Sun is not shining so
brightly for opening
meetings in Missouri
If, like me, you have found yourself frustrated by
your local government's lack of respect for the
Missouri Sunshine Law, take solace in the fact that
you are not alone. The sun is not shining in many
parts of the state.
The Missouri State Auditor recently released
findings of an opening meetings law audit it con-
ducted in 2001. They reviewed the records of 152
public governmental bodies across the state and
fbund that half of them had failed to follow
Missouri's Sunshine Law.
According to the auditor's report, 25 percent of
those audited did not follow the law properly when
they voted to close a meeting, 50 percent did not fol-
low requirements to give 24-hour public notice
before closing a meeting and 25 percent failed to
keep accurate minutes .
Just
of their closed sessions.
Whilekeepingminutes inking I
of closed sessions is not
required by the law, the aob [E]
Missouri Attorney Viehman
General's office has rec-
ommended government bodies do so in order to be
able to prove they didn't discuss something they
shouldn't have,
That's probably exactly why those minutes
weren't kept! .
The auditor also found that four percent of the
bodies had discussed topics in closed session in vio-
lation of the Sunshine Law. Those things discussed
included giving holiday gifts to employees, insur-
ance premium changes and naming a building.
Auditors also noted that these public bodies took
an average of 31 days to respond to their request for
closed meeting records, despite the fact that the
Missouri Sunshine Law requires that such records
be provided within three business days!
Why aren't our elected and appointed officials fol-
lowing the Sunshine Law? Because they, and their
lawyers, know there is little the public can do when
they choose to ignore it. They can only be fined
$500 for violating the law, and that's only if you can
prove they purposefully violated the law.
What other law on the books allows a defendant
to simply say, "I didn't know I couldn't do that," and
walk away without so much as even a slap on the
wrist? Our elected officials take an oath to uphold
the Missouri Constitution and, the laws of this
state, but yet are unwilling to follow or apparently
even read the Sunshine Law. Heck, if they read it,
then they can't claim ignorance as a defense!
It's time this "loophole" in the Missouri Sunshine
Law was removed once and for all. As long as igno-
rance of the law remains a viable excuse for break-
ing it, the sun will never truly shine in Missouri.
Stirrin' the Pot By Bob VTdson
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A New First in Speed Traps
00'-rke so00ys c00t-ck t-hose
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Session a v00tT senior
By Lt. Governor Joe Maxwell
This legislative session has
been marked by successes that
will truly improve the lives,
safety, and health of Missouri's
seniors.
As Missouri's elderly advo-
cate, I am proud of two very
important accomplishments
for the seniors of this state:
meaningful reform to the laws
that protect our seniors from
abuse and neglect in nursing
homes and an improved senior
prescription drug program.
These crucial reform measures
were not only passed with days
to spare during this session,
but both received overwhelm-
ing bipartisan support on their
way to the governor's desk.
This session was marked
with an outstanding victory for
seniors, the passage of Senate
Bills 556 and 311, known as
the Senior Care and Protection
Act of 2003. After witnessing
nursing home reform bills con-
tinuously failing to pass dur-
ing the past three years, I
made it the commitment of my
office to see meaningful
reforms made to the protec-
tions for our senior citizens in
nursing homes. By passing the
Senior Care and Protection Act
of 2003, we will finally be able
to put teeth into the laws that
govern the protection of our
seniors from abuse and neglect
in nursing homes.
This success would not have
been possible without the out-
standing support of the senior
organizations that gave their
time and resources to see this
legislation passed. I thank
these groups for helping us to
achieve the wide bipartisan
support and commitment of
the House and Senate leader-
ship that made passing this
legislation possible. I thank
the leadership and all our leg-
islators for finally passing this
legislation that will increase
the quality of care received by
seniors in our nursing homes
and protect them from abuse
and neglect.
Additionally, the legislature
has ensured that Missouri sen-
iors will continue to be able to
I
receive generic prescription
drugs through the Missouri
SenioRx Program by passing
Senate Bill 307. By fixing a
glitch in the rebate rates,
generic drug manufacturers
will be able to continue their
participation in this program.
In doing so, the more than
20,000 Missouri seniors
enrolled in the program will be
able to continue to purchase
less costly generic medications
through Missouri SenioRx.
This legislation received the
unanimous vote of both the
Missouri Senate and House of
Representatives, and I thank
each of these members for
their dedication to Missouri
seniors.
Despite these legislative
successes, the budget sent to
the governor cuts funding to
many of our necessary senior
services. My office will contin-
ue to work toward restoring
this funding for our seniors
who rely on vital services such
as senior transportation and
home-delivered meals to be
able to live a productive and
healthy life. These
cuts and our
cesses both
need to continually
pass legislation and
services that protect
fit our senior citizens
made our country
into the land that it is
I look forward to
needs of Missouri's
senior population and
in the implementation
new legislative
throughout the
months.
WHO'S
TO BLAtA00 FOR
THeMAI>C0W
RANCtlI00RS
LIVI WITH
HOPPERS, PRAIRIe FI
LOW/I¢00.RKI00TS,
FeEP BILLS,
AN' VIRUS00FS...
BOVINE
ASYLUM
.. IF WI WIRI IN
TH' BIZNI00SS, We'D
GeT OUT OF RANCHIN'AN'
INTO POLITICS.!
Your Thoughts
Schools need help
LETTER TO THE EDITOR
"The teaching contract for one of our
excellent new teachers was not renewed
fo_r next year."
"The board decided to close our school
and send the students to the neighboring
school they told us was overcrowded last
year."
"The shipment of new textbooks that
were needed so badly has been canceled."
"Most of our classes will be overcrowded
to the point of being a safety issue."
These are not scenarios that might hap-
pen; these are actions that have already
been reported to me from around the state
as school districts prepare for the drastic
cuts in state aid to elementary and sec-
ondary education in the budget passed by
the Missouri legislature in Jefferson City.
Unfortunately, as bad as the legisla-
ture's cuts will be for olr children, the sit-
uation is likely to get even worse. The pro-
posed cuts are based on revenue projec-
tions that already appear to be overly opti-
mistic. Thus, the actual state aid to
schools will likely be far less, which will
multiply the difficulties already facing our
teachers, principals and superintendents.
Schools were not being adequately funded
before the current fiscal crisis, and in view
of the past year, the latest projections of
lowered aid to schools will be devastating.
In addition, Missouri is cutting other
programs such as Medicaid and child-care
programs that will negatively impact low-
income families with children.
While policy makers hope the economy
will improve soon, no one is predicting
when the turnaround will come. We can-
not put our children on hold; their educa-
tion will not walt for an economic turn-
around. Our state budget is at a crisis
level.
Missouri PTA is concerned that
Missouri will not be able to provide equi-
table opportunities for high-quality educa-
tion for all children without looking at
ways to generate additional revenue. Our
children, the most vulnerable citizens in
our state, rely on us to provide a quality
life for them, which begins with an ade-
quate public education.
Funding our schools at an
level is critical. School districts must
overwhelming state and Federal
dates, such as the No Child Left
Act and the Individuals with
Education Act, and it is "
the Missouri legislature act
in a bipartisan manner to provide
term solution to what has become
icant revenue shortfall.
This is a problem we must
immediately. We don't have
months to hope for an economic
around; we don't have another
rect an over-crowded classroom; we
have another child to leave behind.
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May 29, 2003D Volume 44 Number I
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