City Manager of Columbia commits violation of Missouri Sunshine Law, city fined one thousand dollars

A Boone County judge said Columbia city manager Mike Matthes knowingly violated Missouri’s Sunshine Law when he refused to release public documents requested by the Columbia Police Officers Association.

“The court could have just said ‘You violated the law, give them the documents, they’re public records,'” said CPOA spokesman Dale Roberts. “But the court went beyond that and said ‘This was a knowing violation, you knew better.'”

Mayor Brian Treece said the ruling by Judge Brouk Jacobs was disappointing and Matthes actions “undermine” public trust.

The city will also have to pay a maximum fine of $1,000, as well as attorneys fees which Roberts estimated could amount to more than $10,000.

“The city’s on the hook, but it’s the taxpayers money,” said Treece. “That adds insult to injury here.”

In Sept. 2016, The CPOA requested surveys filled out by Columbia Police officers at the request of the city manager that related to morale and shift schedules.

The city manager’s office responded almost immediately that the records were closed because they contained personnel information. The ruling indicates that the office never intended to treat them as personnel-related records, and that only a few of the 32 anonymous surveys had identifying information.

“After that, the city manager met with the city attorney and they decided these were documents prepared in preparation for labor negotiations,” said Roberts. “They didn’t know that in the first place so I don’t know how they decided that after the fact.”

Matthes also discussed the survey’s findings in the media.

After CPOA sued, the city filed a counterclaim, where it asked for clarification of the law. In the judge’s order, he indicates the counterclaim acknowledged “doubt” about its own previously steadfast position and “constitutes actual knowledge that its conduct violated the Sunshine Law.” At one point, Jacobs called the violation “serious.”

“When I look at the order, it’s disturbing,” said Treece.

Just a few weeks before the CPOA made the request, the Columbia city council approved a new transparency policy.

The City of Columbia’s policy can be read below:

“It shall be the policy of each department of the city to carry out its mission with full transparency to the public. Any data collected in the course of its duties shall be made available to the public in a timely fashion. Data, reports and other information resulting from any activities conducted by such department of the city in the course of its duties shall be easily accessible by any member of the public.”

Jacobs mentioned the policy in his order and Treece said that policy was disregarded by the city manager and his office.

“I take this policy extremely seriously. I take Missouri’s Sunshine Law extremely seriously, and any smirch or breach of that policy is unacceptable,” said Treece. “I think the city manager needs to set an example for the rest of the government, and we wouldn’t tolerate a breach of this transparency from any other department.”

The court will have a hearing on May 29 to determine the amount of attorney’s fees the City of Columbia must pay CPOA.

The mayor said he is calling the city council into special session to discuss the violation with Matthes and city attorneys to determine what steps they should take moving forward.