Dry ‘writ’ at courthouse
Ernie O’Gaffney had at least part of his day in court this morning when Douglas County Judge Craig Carter took under advisement the Writ of Mandamus attorney James Owen filed against the county on behalf of O’Gaffney. The writ, if successful, would compel the Christian County Commission to obey state law and its own resolution by giving custody of its records to County Clerk Kay Brown.
That assumes that the commission is out of compliance with the statute that says the Clerk of the County Commission is the custodian of records. Attorney Todd Johnson argued for two of the county commissioners, presiding John Grubaugh and associate Tom Huff, that they are not out of compliance. He said that Brown has access to all the records as needed.
Brown has contended in the past that she is responsible for the records and cannot adequately fulfill her duties as custodian of those records because she does not have custody of them. She must access the records that sit inside the commission chambers through Grubaugh rather than independently. She does record meetings and take minutes—that began in February when she relieved the commission secretary of those duties.
Johnson argued that the public is being well-served and that if an open records request is not fulfilled the Sunshine Law provides for a legal remedy. In other words the public has a right to sue. Which is pretty much what O’Gaffney has done–with this writ and another suit charging Sunshine violations. Included in that suit is a forgery complaint—where white-out was used to post date a document and Associate Commissioner Bill Barnett’s signature appeared when it shouldn’t or couldn’t have (because he was on sick leave.)
The broader picture here is that it should not be incumbent on the public to sue for access to public records. And the county shouldn’t be spending money on attorneys who instruct them on how to circumvent the Sunshine Law rather than openly complying with it. The Sunshine Law does not mandate that any records be closed, it only allows for that in narrowly construed instances.
Open records are in the public’s interest. Open the vault and let the sun shine in!
Tags: Christian County, Sunshine, Writ
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October 23, 2007 at 3:40 pm
Here we go again, only half of the story by the Gossip Columnist!! I challenge you to call Kay Bronw’s office and ask if she has the minutes from a meeting 3 years ago. Bet ya she does……..she has all those minutes. I asked for some from last year, she had them. She told me she had all the minutes and wouldn’t be a problem to get them. SO, what is the REAL story??? All that matters…..is if I want something from that courthouse, I can get it………don’t care who gives it to me. Maybe it’s because Kay Brown is too incompetent to keep some of it??
October 24, 2007 at 9:06 am
She has the minutes and only the minutes, because she had a fit at a commission meeting and finally got them.
How about anything else?
How about contracts?
How about Bids?
How about other legal items from 4 years ago?
for 45 years the clerk always had the records, but not since Boss Hog came into office.
Go pedal your dribble someplaace else, not all of the people in Christian County are deaf, Dumb or Stupid, in fact they apear to be quite smart, they don’t buy into the Bosses spin. With one exceptioon. YOU Just wait time is on my side and the AG will take action. OH! by the way why did Huff & Puff lawyer up before any charges have been filed???????
October 24, 2007 at 8:48 pm
I thought the Headliner reported that Ms. Brown did not have the minutes.
Which is it?
October 24, 2007 at 9:19 pm
When I interviewed Kay Brown for the story sometime in August, she said to me that she had the minutes since February when she began taking them–but not the minutes prior to that. I read the story to her after it was published to confirm her quote when John Grubaugh said it was inaccurate. But she stood by her comment. At this time, it is my understanding that she has all the minutes.
The disagreement over the custody of the county commission’s records sprang from a at least one unfortunate instance where Grubaugh attempted to amend the record with whiteout and asked Brown to certify it. That was the vote hiring John Housley as the county’s counselor which was never recorded in the minutes, if there ever was a vote. Bill Barnett’s signature was on the order that was dated on a day where he was unavailable. The commission later rectified that mistake by voting to hire Housley, which, by the way, gets $28,000 + annually with the possibility of a budget amendment for more.
Brown took exception to Grubaugh’s attempt to make her complicit in activity that could have jeopardized her position. And that planted seeds of distrust.
The public should be aware that discontent in the courthouse began long before O’Gaffney entered the picture. Matthews and Brown, who campaigned on the same ticket at the same time as Grubaugh and Auditor Sam Yarnell, began questioning some practices early on.
I was aware of times when the commission didn’t always follow the Sunshine Law when meeting and discussing county business–especially during the Terrell Creek discussions.
When I asked Grubaugh during the debate in 2006 about the Sunshine Law, he replied that if I didn’t think he obeyed the Sunshine Law I could sue him.
Unfortunately, that is what some public officials do. They invite Sunshine Law suits because most people do not have the time or money to pursue them.
O’Gaffney took up the cause of building codes and Grubaugh on his offer. The rest as they say is history.
October 24, 2007 at 9:35 pm
Donna,
Are you Karen Matthews puppet? So she hates them. Big deal. She hates a lot of people. (She is not too well liked herself.) Move on and act professionally. Anyone can read your comments and know you are not open minded at all. You don’t want to print the news just your opinion. Every article you write has your opinion written all over it. You have tunnel vision and it is controlled by The Three Stooges. (Karen, Kay, and Cleek)
Get a life or move to California with Ernie.
October 24, 2007 at 9:43 pm
I totally agree with the “Tired of You” blog person!!!!
Donna O – Your rebuttals to the above bloggers just proves you are biased, unethical, and VERY unprofessional. Maybe now we have FOUR STOOGES (Karen, Kay, Cleek and Donna).
October 24, 2007 at 10:30 pm
Too bad it is always cloudy in there
October 25, 2007 at 9:10 am
I am not too far removed from my days in high school, to recall that life was dominated by petty bickering, bullies, gossip, and rumors. I am disheartened that this behavior often dominates rural county courthouses, where public officials engage in wars of petty bickering and gossip, while others try to bully their way through.
These public officials are ELECTED by us, and are entrusted with governing and managing the county. In this case, the best I can cipher, a private citizen, O’Gaffney, has engaged in stirring the proverbial pot. Agree or disagree with him, his motives may not be pure, but besides getting on tv and radio, his basic purpose seems to bring accountability to county government. Certainly, there are more diplomatic ways to do this, but in the end, this may have been the only way for Christian County.
Huff and Grubaugh may be decent men, but they want to govern like bullies. In some circumstances this approach may serve them and the county well, but not in every circumstance. The bucked at the issue of planning and zoning. There were issues with disclosures and meetings. There allegedly forged documents. I want to know, what is their defense to all this? From what I can tell, their defense is that they know how to run the county, and we shouldn’t question their methods or decisions.
I would much rather my county officials be busy with governing the county than defending lawsuits and bickering with each other, but when they refuse to be accountable, what choice do the citizens have left? Maybe we should take care to vote for candidates who are qualified and understand the position they are seeking, rather than continuing with the “good ole boys”.
October 25, 2007 at 12:47 pm
Hello out there in apathy land.
I have stood up to be counted and I have put my money where my mouth is. If you do not stand up then you are not counted.
All I ask is that they obey the law. Is that asking to much??
I have never made any statements about the character of Huff and Grubaugh as private citizens, only about their behavior as County Commissioners.
You are right, it is time for them to obey the law and concentrate on governing in a professional way and not running a kingdom.
Also I would like to know what their defense is. Could be refreshing. Oh!
I have the facts and the documents if anyone wants to see them. The facts are on paper, they are not opinion.
Remember John Dillenger was a good fellow until he started to rob banks. People do change.
As far as going after Kay Brown, Karen Matthews, Roy Matthews and Donna Osborne I will say this;
The best defense is a good offense, bait and switch also works, but when you get to court only the facts will support the charges, not opinions. The above people have not broken the law to the best of my knowledge.
If they in fact have, bring me the evidence and I will take action or, better yet as you know in the state of Missouri if you know a law has been broken and you do not report it, you have also broken the law.
I am not a law breaker, bring me the facts in writing. And as far as Donna O is concerned, if you had 1/8 the grit and intelligence she has, you could also be an editor, try the National Inquire
October 25, 2007 at 6:04 pm
Speaking of Kay Brown fulfilling her duties as county clerk. Does falling sleep during normal working hours, burping and having gas fit her job description? Just curious.
October 25, 2007 at 6:10 pm
If you call someone a liar, is that not attacking their character? I don’t know a human that would not take that personal. How do you separate the two? A person is a person 24-7.
October 25, 2007 at 6:15 pm
Question for Donna O….
Please explain why you reported in the Christian County Headliner that Tom Huff bids and receives county work when you and Chuck Branch knew for a fact that was not the case? Were you trying to discredit Commissioner Huff? I think you have some explaining to do to the taxpayers for misleading them. By the way, this was not on your opinion page. It was reported by you as a FACT.
Please explain.
October 25, 2007 at 8:16 pm
Misplaced modifier. That’s why the Headliner ran a prominent correction.
Has Tom Huff paved a road in Christian County during his term on the commission?
October 25, 2007 at 9:13 pm
Question for Donna O –
You DID NOT answer my question. I asked you why you went ahead and printed it as a fact when you knew it was not true?
October 25, 2007 at 9:15 pm
Are you darting the Sparta Citizen’s question????????
Here we go round the Mulberry Bush
The Mulberry Bush
The Mulberry Bush
Here we go round the Mulberry Bush
So early in the morning…
October 26, 2007 at 11:09 am
Well, why am I not surprised to see a continuation of the juvenile behavior. For those defending the embattled commissioners and attacking other public officials and the editor, have any of you actually addressed the allegations and facts against those you are defending? It is my understanding that the commissioner’s wrong doings and evidence of their inability or disregard for following the rules is proven in black and white. Instead of attacking, maybe you should be questioning your defensive positions. If they did wrong, then do they deserve you efforts?
As for Donna O, I have had my own disagreements with her and her editing/editorial style. However, there is a way to hold her and the paper accountable. File a defamation lawsuit. If you believe, put your money where your mouth is. I believe you will find that the standard for journalists is one of due diligence and not of absolute correctness. They have processes of fact checking that, if followed, insulates them from liability in the event of a mistake. Further, a retraction/correction is the appropriate remedy in the event of a mistake. Our Constitution provides this protection to the press, as a check and balance on society, including public officials. Without the prying eye of the press, then who would shed light on these issues?
Why is Donna O accountable to the Taxpayers? Is she elected? Is she appointed? What duty does she owe the Taxpayers? NONE, however, your commissioners owe a duty to the taxpayers, which is to execute the duties of their office in accordance with the U.S and Missouri Constitutions, and all laws thereunder.
The good ole boys have gotta go. Its time for responsible government.
October 26, 2007 at 1:16 pm
Well spoken Ben.
It is quite clear that unlike the ranters, you have far surpassed the K12 level.
BRAVO.
Let them address the facts.
Can’t be done or won’t be.
October 26, 2007 at 4:23 pm
I have indeed passed the K12 level, however, the smartest man I have ever known didn’t have anything beyond the 8th grade. Gadflly, remember, all of us hillbillies ain’t as dumb as we look.
October 26, 2007 at 6:32 pm
BEN,
Sounds like you have worked in the media arena yourself? Same mentality.
October 27, 2007 at 9:58 pm
So can I say John Doe is a drug dealer and then next week say Oh sorry that was error, we were wrong. Wow I will have to remeber that, I could become a political reporter print any garbage I want and then the next week say I am sorry and be off the hook. Does anyone else see the irony in this? I guess its not about the rules but the loop holes.
October 27, 2007 at 10:15 pm
I am running Moonshine across the county tonight, tell Uncle Jesse I will be home late. YEEEE HAAAAW
October 29, 2007 at 8:46 am
Well Confused, if the reporter has went through the process of fact checking the allegation on John Doe, then sure, the reporter would probably be protected. What you are missing is the map that I have given you to justice. If you believe, or would have reason to believe that the editor failed to follow the rules for fact checking, then bring a case to hold her accountable. Further, if her error was one of proofreading, then an even lesser standard applies.
I have no media connections or experience, however, I have had experience with the media behaving badly. If you believe this paper is taking sides, and trying to influence public opinion, rather than reporting on the facts, then boycott. Quit buying the paper, quit patronizing those who advertise in that paper. Make the story the biased reporting, instead of crying foul. Nobody likes a whiner.
It seems as though no one will address the truthfullness of the allegations against the commissioners. If you doubt, go look at the court filings. The truth shall be revealed.
Luke Duke, thanks for the shine, hope Roscoe didn’t catch up with you.
October 31, 2007 at 8:01 am
Seems like Ben is very well read and does not engage in knee jerk reactions.
Ben is correct, go check out the facts, then and only then can you make an informed decision.
Keep up the good work Ben, maybe some day we willl pass each other on Hwy 65.
asskickerjohntom@yahoo.com
November 2, 2007 at 10:52 pm
Thanks Ben, that is a great idea and knowing a great idea I will begin with the e-mail of all family and friends asking them not purchase or subscribe or read this paper. I will then e-mail as many advertising comapnies and tell them the same. I should have thought of it sooner. Great Job thanks and good bye.
November 3, 2007 at 2:37 pm
I agree. I’ll do what I can. Maybe they can name their new paper the Christian County Enquirer.
November 4, 2007 at 9:29 am
Donna O:
Are you saying that when you interviewed Kay Brown she lied to you about not having the minutes the first time you asked her, and then when you asked her again she stood by her statement? Did you bother to physically check where the minute books were?
Where do you get that Kay Brown would have jeopardized her position if she had attached a resolution to the minutes? That might be her take (or Ron Cleek’s comments) but that does not mean it was TRUE either. The resolution was not a mandatory document, only a ceremonial act. The minutes were never altered. Show us where the MINUTES were changed……
Awaiting your reply.
November 5, 2007 at 2:18 pm
There were minutes changed. A whole lot of us saw them. WHITEOUT
November 5, 2007 at 5:41 pm
I think the Gadflya dn Turkey are one in the same
November 5, 2007 at 6:05 pm
Turkey/Gadfly/Others:
The minutes were NEVER WHITED OUT. Who saw them? Don’t make sure statements untiles you can put yourname where your mouth is.
The minutes may have had the grammatical errors corrected, or the incomplete sentences taken by the county clerk. Is that what you called altered You’re jokin right?
November 5, 2007 at 8:55 pm
Amazing. Simply Amazing.
This blog is nothing but politics at its best.
November 5, 2007 at 9:01 pm
When is Ron Cleek going to release the Highway Patrol’s investigation on the gravel deal at the Chadwick School?
November 5, 2007 at 9:04 pm
The discontentment in the courthouse began the minute Tom Chudamelka lost the last two elections.
November 16, 2007 at 1:51 pm
Dear Agravated.
White out was used by John Grubaugh on the Date following Bill Barnetts signature.
This document is in the hands of the AAttorney General, but I have a copy if you wish to see the truth…. just send me an email.
asskickerjohntom