Sunshine Law in Brentwood Divides Aldermen

Brentwood city officials will ask the Missouri attorney general if they can legally charge some members of the public for copying records while waiving fees for others.

The attorney general's office oversees the Missouri Sunshine Law, which guarantees the public's right to access most documents recorded by public entities.

The Brentwood Board of Aldermen is divided on how the city should proceed with requests made for copies of different city records.

The disagreement began during the public comment period of Monday night's meeting. Brentwood resident Julie Pozzo suggested that the board waive fees that have been charged to people requesting documents related to the recent investigation of former city administrator Chris Seemayer. He was following his theft of nearly $30,000 from the city. 

Pozzo said it would be a "good first step" toward transparency. She specifically mentioned Patch, which .

Attorneys, reporters and residents all request documents, Mayor Pat Kelly said. It would be difficult to select who should have to pay for access to those documents, he said.

Ward 3 Alderman Andy Leahy said the city often waives fees for some organizations that rent softball fields or time on the ice rink; he asked how public records requests were different.

Leahy referred to Brentwood resident Maureen Saunders' recent records request. She requested video copies of interviews conducted by the during Seemayer's investigation. She paid more than $60 for DVD copies on Monday.

That prompted Leahy and Ward 1 Alderman Anthony Harper to vote to waive her fees. The other six aldermen rejected the motion. 

Lee Wynn and Mike Marshall, who both represent Ward 2, said every person should be treated the same — either everyone pays a fee, or no one pays a fee. 

Marshall then suggested that the city waive her fee, but place the records in the . That way, everyone could view the records free of charge, then pay for copies if they desired.

Ward 1 Alderwoman Barb Clements said she didn't want those records available in the library because they contained information related to personnel and legal matters.

After a few more minutes of discussion, City Administrator Bola Akande suggested that she ask for a legal opinion from the attorney general's office. She aims to update the board during its meeting in two weeks.