City of Columbia will not appeal judge's decision over sunshine law

2 years 1 week 6 days ago Wednesday, June 27 2018 Jun 27, 2018 Wednesday, June 27, 2018 1:46:00 PM CDT June 27, 2018 in News
By: Madison Wright, KOMU 8 Digital Producer, Annabel Thorpe, KOMU 8 Digital Producer, Blake Sammann, KOMU 8 Reporter

COLUMBIA - The city of Columbia will not appeal a judge's order to release records, pay a $1,000 fine and pay $27,214.79 in the legal fees of the Columbia Police Officer's Association. 

A Boone County judge issued a final judgement Tuesday. Following his decision,  The city of Columbia has released the disputed records, surveys completed by Columbia Police Department officers, to the public and the CPOA. 

Judge J. Hasbrouck Jacobs first ruled that the office of Columbia City Manager Mike Matthes knowingly violated the Sunshine Law on Tuesday, May 15, more than a year and a half after the lawsuit was first filed.

CPOA filed the suit after its request for responses to a survey from the city manager's office was denied. The survey, given in August 2016, asked about possible shift changes for city police officers.

CPOA executive director Dale Roberts said the ruling upholds the importance of Missouri's Sunshine Law. 

"It clearly establishes that the law means what it says, that those public records are available to anyone who requests them and that we were right all along," Roberts said.

When CPOA requested the responses, the city manager's office denied the request, saying the records were closed due to their containing "personnel information."

Roberts called the argument "silly".

"These were anonymous surveys and a personnel record is something that has to be personally identifiable to you, your name, your social security number, whatever. So to say these were personnel documents is laughable," he said.

The court ruled, however, the records are not protected from disclosure, and the city didn't treat them as protected in that Matthes talked about the surveys publicly.

Jacobs ruled the "City’s conduct in asserting the exemptions and then, only after CPOA filed this lawsuit, filing a counterclaim acknowledging 'doubt' about its own previously steadfast position, constitutes actual knowledge that its conduct violated the Sunshine Law."

[Editor's note: this story has been updated with the latest information.]

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