Lawmaker plots change in Sunshine law for message-destroying apps
The Missouri Governor’s Office spent about $200,000 in attorney fees for a lawsuit centered around the use of an ephemeral messaging app, Confide.
The report by State Auditor Nicole Galloway’s office stated that the money was spent during Eric Greitens’ final stretch in office. He resigned in June 2018.
Attorney Mark Pedroli with the Sunshine Project sued Greitens’ office, claiming it circumvented state open records laws by using Confide, which deletes messages immediately after they are sent or read.
State and federal law requires state employees to maintain public records.
Gov. Mike Parson inherited the office and the lawsuit from Greitens. His office has continued to litigate the case in Cole County circuit court for more than a year. A spokesperson for Parson could not immediately provide the office’s total legal costs to date for the case.
Judge Jon Beetem ruled in July that Greitens’ office did not violate state law by using the application. There is still a remaining count relating to certain phone records that could still go to trial, Pedroli said.
A spokesperson for Parson’s office said it has a policy barring any employee from using secrecy apps, including Confide. Missouri Attorney General Eric Schmitt’s office has the same policy, and recommends “all government employees to follow that same policy.”
Despite the internal office policies, Beetem’s ruling opens the door for lawmakers and other state employees to discuss public business on Confide or similar devices.
“If you’re going to have a functioning democracy and functioning government, you have to have transparency in that process,” said Kip Kendrick, a Democratic state representative of Columbia. “Generally speaking, I think that the public would be very supportive of the idea of banning (the use of) Confide” by state employees.
Kendrick said he supports the idea, as well.
Democratic Rep. Gina Mitten of St. Louis told ABC 17 News she intends to propose legislation that would mandate just that, with exceptions for public safety agencies.
“The government should not be able, under any circumstances, to do its work in invisible ink,” Mitten said.
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