Attorney General's News Release

December 7, 2004

First penalty imposed under revised Sunshine Law; mayor and Boonville council held improper meeting by telephone

Boonville, Mo. —The mayor of Boonville will pay the first penalty imposed under Missouri's revised Sunshine Law, under an agreement reached with Attorney General Jay Nixon. Mayor Danielle Blanck and the Boonville City Council conducted a telephone meeting in October without public notice, in violation of the law. Nixon will file the consent order with the Cooper County Circuit Court for the court's approval.

Nixon filed a lawsuit last month against the mayor and the city council to enforce the state's Open Meetings and Records Law. The law was revised this year to make it clear that meetings and votes conducted by phone, video conference or the Internet are covered by the law. The changes took effect Aug. 28.

"The law was updated to reflect how electronic communications have played a larger role in government," Nixon says. "Meetings and votes held electronically are held to the same standard of openness as those conducted in person."

Nixon's lawsuit alleged that on Sept. 30 the city council approved a salary offer for a position of city administrator during an open meeting, but on Oct. 2, Blanck placed a series of phone calls to secure approval from council members to increase the original offer. Under Missouri law, phone calls involving a quorum of a governing body constitute a public meeting, and require proper notice and a release of any votes taken -- none of which was done in this case.

Under the consent order, the defendants acknowledge that the telephone calls constituted a public meeting. The order finds that Blanck and the council violated the Sunshine Law by failing to provide notice or location for the public meeting where the public could observe and attend the meeting. The order also finds that the failure to keep minutes of the telephone meeting constituted a violation of the Sunshine Law.

Mayor Blanck will pay a $100 penalty to the state for the violations. In addition, the council and the mayor were ordered to prepare, maintain and make available to the public, as public records, the minutes and vote concerning the Oct. 2 telephone meeting. The mayor and the city council also agreed to comply with the Sunshine Law at all times in the future

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818