Jefferson County residents, form a line, please. That’s right, every last one of you – all 223,810 humans (according to the last Census update).
Whether you use a cane to get around these days or are a crawling baby, please make your way to the gigantic dumpster at the front of the line and toss in your 38 cents.
That’s how much it’s costing you, individually, to defend County Councilwoman Renee Reuter’s honor in a lawsuit brought against her by the Missouri Attorney General’s Office over an alleged violation of the state’s Sunshine Law – the statute dedicated to keeping governmental meetings and records open to the public.
Our combined coinage will amount to $85,000, enough to cover Reuter’s legal costs in fighting the suit. So far, at least. The court case has not yet concluded, so it’s possible more billable hours could accrue. But attorneys work cheap, right?
There might have been some question as to whether Reuter should bear the expense herself, since she incurred it and especially if it is found she actually violated the law. But the Jefferson County Council settled that issue in a 5-0 vote on Dec. 28.
They decided you and I should pick up the tab, not just for Reuter’s case, but for ANY Sunshine Law infractions that might occur going forward. I guess they didn’t think we’d mind.
I’m going on record here – I mind.
The suit, brought by former Missouri Attorney General Josh Hawley, accuses Reuter of ordering Pat Schlette, the council’s administrative assistant, to delete from her computer emails that showed how much a law firm was charging the county to represent it in two lawsuits. This falls under the “records” portion of the Sunshine Law.
One of those suits was that silly one you might remember, where ex-County Executive Ken Waller and the council were tussling over who had the power to remove absentee members from county boards.
Eventually, the suit was thrown out, with Waller the loser. Yay, County Council.
But it was a ludicrous matter to take to court and spend taxpayer dollars on. Waller started it, so we can blame him for that. But his legal bills amounted to $6,000, while the council’s expense in fighting him was suspected to be 10 or 20 times that.
Back in July 2017, inquiring minds wanted to know the bottom line, so three Sunshine Law requests, including one from Leader reporter Steve Taylor, sought the invoices.
Enter Reuter, who, according to depositions for Hawley’s lawsuit, directed Schlette to “lock up” the bills, as in delete them.
So, Schlette did what her boss ordered.
Waller contacted the Attorney General’s Office to ask if Reuter’s action was criminal, and was informed that it was not.
Then, someone – the AG’s Office wouldn’t tell me who, but Waller said it wasn’t him – filed a complaint and Hawley subsequently filed suit against Reuter and the County Council in January 2018.
Now, class, this is the part I’d like you to pay careful attention to.
The Sunshine Law is long on sentiment but short on penalties.
If a government official is caught for “knowingly” violating the law, there is a $1,000 fine. If it is determined the violation was committed “purposely,” the fine ratchets up to $5,000.
In theory, Reuter could have accepted that the AG’s Office did not approve of her behavior. Even if she thought she was in the right – she argues that the invoices would have revealed legal strategy and were properly kept secret – she could have taken the hand slap and perhaps settled with the AG’s Office. A fine might have resulted.
But, no, Reuter lawyered up. Hours of depositions were taken – from Schlette, from Reuter herself, from an IT guy who was queried whether Schlette’s emails were automatically archived (they weren’t back then, but are now), and from former county Auditor Richard Carter and former county counselor Tony Dorsett, both of whom ended up resigning over their contentious relationship with the County Council.
Did you notice I referenced hours of depositions? I wanted to get my 38 cents worth, so I read them. It cost me hours, too, but I don’t know where to send my bill.
Reuter’s attorney knows the County Council’s address. Picture a cash register with a spinning wheel of $$$$ signs. (Actually, attorneys DON’T work cheap.)
County counselor Wes Yates told the Leader last week he does not believe insurance will cover the cost. The next hearing in the case is set for Jan. 23 and Reuter predicts a good outcome. But even if the case against her is dismissed, the only REALLY good conclusion would be if the state picks up her legal bill. Dubious.
County Council vice chair Charles Groeteke proposed the “Get Out of Jail Free” resolution adopted by the council on Dec. 28.
His first version stipulated that legal costs would be covered in cases of a “successful” outcome, presumably, if the council member were found not to be in violation.
But the council voted to take that word out.
Sounds like a blank check to me. Current and future council members can violate the Sunshine Law whenever and however they like, and it won’t cost them a penny.
Above, I borrowed a phrase from the game of Monopoly, and now I’m picturing those bright orange $500 bills.
Apparently, that’s what the County Council (at least as it was constituted on Dec. 28, before two new members took their seats Jan. 1) thinks it’s spending.
To the rest of us, it’s the real thing.
