Newton County Commission appears poised to violate Sunshine Law when it meets Thursday morning

The Newton County Commission appears to be prepared to violate the Missouri Sunshine Law as it reacts to a legal action filed Tuesday by County Treasurer Gina Rodriguez and Recorder of Deeds Jennifer Childers, who claim the Commission is attempting to intimidate them and interfere with the performance of their duties.

Named as defendants in the action were Presiding Commissioner Bill Reiboldt and associate commissioners Alan Cook and Jim Jackson.

At 1:45 p.m. this afternoon, the Commission posted a notice of an emergency meeting with legal counsel scheduled for 9 a.m. Thursday.

The notice does not indicate a location for the meeting, something required by state law, though it can safely be assumed that it will be in the Newton County Courthouse, nor does it indicate that the commissioners will meet then take a vote in open session to close the meeting, something that is also required by law and must be placed on the agenda.

The law also requires 24-hour notice, although if for some reason it is necessary to meet with less than 24 hours notice, the reason has to be stated in the minutes.

The 1:45 p.m. posting means the scheduled meeting time falls more than four hours short of that minimum requirement.

Since court records do not indicate that any hearing is scheduled on the recorder and treasurer's request for a temporary injunction and a restraining order and 15th Circuit Court Judge Dennis A. Rolf from Hillsboro was just assigned to the case today, it would not appear that there was any emergency that would permit the commissioners to waive proper notice.

The notice cites the statute under which it is holding the meeting, which is the closed session portion of the Sunshine Law, but appears more designed to do the bare minimum of posting and is not designed to have any county residents actually reading it, the purpose of posting meetings, since most Missourians, seeing RSMo 610.021 would have no idea that it was a reference to a state statute on closed meetings.

According to online Newton County Circuit Court records, the County Commission is being represented by Ivan Schraeder (pictured), a St. Louis attorney who specializes in local government law.

Details of the action filed by Rodriguez and Childers can be found at this link.