Monday, July 14, 2008

Gibbons' approach to Sunshine Law is wrong

While all three attorney general candidates on the Democratic side of the ledger support stronger enforcement of the Sunshine Law, the Republican candidate for the position, Sen. Michael Gibbons, thinks the attorney general's job should be to educate officeholders about the law.

The positions of the four candidates on the Sunshine Law are spelled out in an article posted Sunday on the Columbia Missourian website:

Sen. Michael Gibbons, another Republican candidate for attorney general, agrees with the idea of teaching the state’s Sunshine Law policy. However, his tactic is to focus on governmental compliance.

“The Attorney General has an obligation to teach officials to comply,” Gibbons said.


The idea that public officials need to take a class or attend a seminar about the Sunshine Law is ludicrous. We have had it pounded into our heads since childhood that ignorance of the law is no excuse. Apparently, to Gibbons' way of thinking, that applies to everything except elected officials who want to conduct public business behind closed doors.

The idea that these officials do not know the law is a bit hard to accept.

Perhaps the most interesting idea was proposed by Chris Koster- Educate the public about the law. As long as elected officials are able to twist things around to make it look as if the only people who benefit from the Sunshine Law are the media, they are going to be able to continue to get away with evading the law.

Another step that needs to be taken, and it is long overdue, is to eliminate the need to prove that the law was violated intentionally. That is almost impossible to prove. If an elected official violates the law, he or she should be punished, plain and simple. As long as we do not hold our public officials to higher standards, we will never have a truly open government.

8 comments:

  1. Anonymous6:42 AM

    what percentage of people...other than the media file a claim that the sunshine law was violated?

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  2. A very small percentage and there are a number of reasons for this. Costs cannot be recovered unless it can be shown that the Sunshine Law violation was made willingly and as I have noted numerous times on this blog, that is almost impossible to prove. Also, many people are unaware that they do have this avenue. It might also be noted that not many people are able, or have the inclination, to attend meetings. The media attend governmental meetings to serve as the people's representatives.

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  3. Anonymous9:42 AM

    randy, you need to add to your comment that "people" don't sue because they can't afford to pay lawyers to file suits, in that most lawyers won't take these cases on a contingency basis and therefore it's too costly for the average citizen to sue to enforce the law.

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  4. Anonymous12:59 PM

    Your comments that elected officials shouldn't be taught the ins and outs of the Sunshine Law is what is ludicrous. Pretty much in keeping with most of your posts.

    If ignorance of the law is no excuse,then there is no excuse for people being "unaware that they do have this avenue." And if they don't have the inclination to attend meetings, that's their fault.

    I do find your comment that the media attends meetings as the "people's representaives" very insightful. It reveals the media's views that they are the unelected keepers of the realm accountable to no one. Says a lot.

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  5. There is so much that is wrong with your comment, it is hard to know where to start. Only a handful of people are in a position where they have absolutely no obligations and can spend their time attending meetings. Yes, it would be nice if the public could attend every meeting of the city council, school board, county commission, library board, etc., but that is an unreasonable expectation.
    As for educating public officials about the Sunshine Law- they know it exists, it is their responsibility to know what it is and not wait until they violate it. Again, if we would simply punish violators without trying to read their minds to ascertain their intentions, you would be amazed at how quickly they would understand the Sunshine Law.
    For far too long, we have paid simple lip service to open government and allowed politicians to let their own ambitions and egos stand in the way of the people getting the truth.

    Finally, though the media do not always excel in their role as a watchdog for the people, they are still the best we have. As for your assertion that the media are accountable to no one, that is simply not the case. If the public stops watching, reading, or listening to the news, or switches from one newspaper to another, or one television station to another, that is definitely being held accountable.
    It sounds to me as if my viewpoint is not the elitist one in this discussion.

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  6. Anonymous8:41 AM

    No it's pretty clear that the elitist media message of "we will tell you what (we think or want) you need to know comes through loud and clear.

    Most elected officials are regular people working day jobs and serving their communities in part time positions. Your ludicrous statement that they are automatically imbued with all knowledge regarding the sunshine law and to remember it from the very time they were never taught about it shows how out of touch you are.

    You are doing us all a service though by posting such tripe.

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  7. You appear to have a bias against the media. I have a bias in favor of the public's right to know. Plain and simple- if the Sunshine Law had some teeth to it, it would be miraculous how quickly elected officials would learn it. It is not a difficult concept.

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  8. Anonymous9:21 PM

    You lose the debate once again Turner. You are getting good at this!

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