JEFFERSON CITY 鈥 Secrecy by Missouri politicians could cost taxpayers another $130,000 in the coming weeks.
Cole County Circuit Judge Jon Beetem heard arguments Wednesday in favor of the six-figure payout from attorneys representing a company that successfully sued the state when officials refused to turn over documents in accordance with the state鈥檚 Sunshine Law.
Attorney Alexander Barrett said the state should have to pay a $5,000 fine and attorneys fees for withholding public documents in the case involving EngagePoint Inc.
He added that Gov. Mike Parson鈥檚 administration and the state attorney general鈥檚 office should have known better than to violate the open records law.
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鈥淭his isn鈥檛 a Podunk municipality that violated the Sunshine Law,鈥 Barrett told the judge.
In addition, he said the law firm鈥檚 fees were larger than they might have been if the state had not delayed the case.
鈥淚t took far longer than it needed to,鈥 Barrett said.
In a separate filing, attorney Chuck Hatfield said state law mandates the imposition of civil penalties and attorneys鈥 fees when a government body purposely violates the Sunshine Law.
Hatfield also wrote that the money would put public officials on notice about the rules governing the public disclosure of documents.
鈥淪tate agencies must be expected to understand and comply with their obligations under the Sunshine Law,鈥 he wrote. 鈥淭he outcome here sends a message to the state that its actions will not be tolerated.鈥
Taxpayers have been tapped to pay similar bills in the past, including one stemming from a violation of the public records law by U.S. Sen. Josh Hawley, R-Mo., during his tenure as attorney general.
In that case, Missouri paid out more than $250,000 in November after Beetem determined the Republican violated the law when officials failed to release emails between Hawley鈥檚 taxpayer-funded staff and his political consultants during his 2018 campaign for U.S. Senate.
Other examples include the small town of Edgar Springs in Phelps County, which was ordered to pay nearly $80,000 to a woman for failing to comply with open records and open meetings laws.
The EngagePoint issue arose in 2016, when it sued the state over alleged contract violations related to the Medicaid system.
The company eventually of more than $23 million. The decision is being appealed and will be heard by a three-judge panel next month.
In 2022, the Missouri Department of Social Services, which is run by a former top aide to Parson, failed to turn over records attorneys requested on behalf of the company.
The firm ended up suing the state last year in an attempt to extract the documents.
Beetem agreed, ruling that the state 鈥渋ntentionally violated the Sunshine Law to impermissibly gain an advantage in the EngagePoint litigation.鈥
Assistant Attorney General Matthew Laudano asked Beetem to ignore allegations that the state delayed the case.
鈥淭he court should not rely on these sorts of assertions,鈥 Laudano said.
Laudano added that the most money Beetem should award the law firm is 50% of what it sought.
鈥淚t鈥檚 simply unreasonable for the plaintiff to seek this amount of money,鈥 he said.
Beetem offered no timeline for a decision.