Maries County Commission found to have violated Sunshine Law - Jefferson City News Tribune
A Maries County judge has found the Maries County Commission violated the Sunshine Law when it held a closed meeting in April 2020.
Maries County Judge John Berger agreed with Ron and Anne Calzone, of Dixon, who filed a lawsuit saying the County Commission illegally held a meeting April 6, 2020, and never announced publicly at an open meeting of the commission their intent to close the meeting to the public. The Calzones also claimed the commission did not cite any specific exception under state law that would allow them to close the meeting to the public.
The Calzones alleged the meeting was for the commission to consider an ordinance related to the COVID-19 pandemic, which would include a stay-at-home order. The Calzones said they wanted to express their opinions on these matters.
After the April 6 meeting, court records showed the commission officially met eight more times that month. The commission did not allow in-person attendance of its meetings, but did make available phone lines and phone numbers for the public to listen in remotely.
The commission argued any deviation from requirements of the Sunshine Law were permitted by a State Health Order, issued April 3, 2020, by Gov. Mike Parson. This was the “stay at home order” issued due to the COVID-19 pandemic.
Commissioners told Calzone the governor “superseded the laws by the emergency order that he put in place and the county was abiding by that order.”
“The Court is not aware of any emergency clause to the Sunshine Law or elsewhere that would excuse the defendants from giving adequate notice of attending their meeting by phone or moving the meeting to another space to allow adequate distancing,” Judge Berger wrote in his order.
Berger went on to say the commission did not make adequate provision for the public to be present April 6, remotely if not in person.
The eight other meetings in April did have phone lines and numbers available for the public to attend. Because of this, Berger found the commission did not violate the Sunshine in those meetings.
The Calzones earlier withdrew their claim for damages so no award of damages was made.
source: https://www.newstribune.com/news/local/story/2021/nov/03/maries-county-commission-found-to-have-violated-sunshine-law/894304/
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