"A Gentleman's Agreement"?: there ought to be a law, part 2

by: Michael Bersin

Tue Nov 10, 2009 at 21:32:13 PM CST

We were curious about who recommended the appointments of the four University of Central Missouri Board members who voted not to renew President Aaron Podolefsky's contract. Matt Blunt was Governor of Missouri at the time of these appointments. We sent a Missouri Sunshine Law request to the university's "Custodian of Records":

[....]
date:Thu, Oct 22, 2009 at 12:48 PM
subject:Sunshine request

Please provide the following documents under RSMo 610:

The packets of information for appointment to the Board of Governors which include resumes and letters of recommendation for the following members of the University of Central Missouri, previously known as Central Missouri State University:

Weldon Brady

Walter Hickland [sic]

Richard Phillips

Edward Baker

Thank you,
[....]

We received the following reply:

[....]
Sent: Fri, October 23, 2009 2:17:29 PM
Subject: Re: Sunshine request

[....]

Pursuant to your request of October 22, 2009, attached are the appointment letters and resumes of UCM Board members Weldon Brady, Walter Hicklin, Richard Phillips, and Edward Baker as provided by the Governor's Office.

[....]
Custodian of Records
[....]

We didn't get letters of reference, but we did get the appointment letters (in the case of Richard Phillips, his commission letter) and resumes. The documents for three of the board members had fax headers at the top of each page.

Fax header from the appointment documentation for Richard Phillips to the University of Central Missouri Board of Governors sent to the university from Governor Matt Blunt's office in 2005.

Fax header from the appointment documentation for Edward Baker to the University of Central Missouri Board of Governors sent to the university from Governor Matt Blunt's office in 2007.

Fax header from the appointment documentation for Walter Hicklin to the University of Central Missouri Board of Governors sent to the university from Governor Matt Blunt's office in 2007.

The documentation for board member Weldon Brady did not have fax headers.

Well, no problem we reasoned, the appointments were made by then Missouri Governor Matt Blunt, so we could probably ask the current governor's office for copies of any original letters of reference or recommendations for those individuals:

[....]
Date: Wed, Oct 28, 2009 at 10:19 AM
Subject: RE: UCM Sunshine Request
[....]

I have referred your request to our custodian of records, Nikki Loethen. Thanks

[....]
Sent: Tuesday, October 27, 2009 7:02 PM
[....]
Subject: UCM Sunshine Request

[....] can you either handle this yourself under RSMo 610 or refer me to the proper person to fill this request?

Please provide the following documents under RSMo 610:

The packets of information compiled for appointment to the Board of Governors at the University of Central Missouri (previously known as Central Missouri State University) which include resumes and letters of reference for the following members of the board:

Weldon Brady

Walter Hicklin

Richard Phillips

Edward Baker

Thank you
[....]

So, we waited. And waited.

Think about that. They can't find the original appointment documents (the historical record!) and all we have access to are faxed copies in the possession of the university.

That could be a problem:

Missouri Revised Statutes
Chapter 109
Public and Business Records
Section 109.210

August 28, 2009

Definitions.

109.210. As used in sections 109.200 to 109.310 the following words and terms have the meanings indicated, unless the context clearly requires otherwise:

(1) "Agency", any department, office, commission, board or other unit of state government or any political or administrative subdivisions created for any purpose under the authorities of or by the state of Missouri;

(2) "Boards", the local records board;

(3) "Commission", the state records commission;

(4) "Local record", any record not a state record;

(5) "Record", document, book, paper, photograph, map, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in sections 109.200 to 109.310, and are hereinafter designated as "nonrecord" materials;

(6) "Secretary", the secretary of state;

(7) "State record", any record designated or treated as a state record under state law.

Missouri Revised Statutes
Chapter 109
Public and Business Records
Section 109.260

August 28, 2009

Destruction of records and nonrecord materials.

109.260. 1. No record shall be destroyed or otherwise disposed of by any agency unless it is determined by the commission or board that the record has no further administrative, legal, fiscal, research or historical value.

2. Nonrecord materials or materials not included within the definition of records as contained in sections 109.200 to 109.310 may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials with approval of the commission or board. The director of the records management and archives service may formulate advisory procedures and interpretation to guide in the disposition of nonrecord materials.

Oopsie.

Missouri Revised Statutes
Chapter 109
Public and Business Records
Section 109.270

August 28, 2009

Records are property of state or local government--not to be damaged or disposed of.

109.270. All records made or received by or under the authority of or coming into the custody, control or possession of state or local officials in the course of their public duties are the property of the state or local government and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law.

We understand that another news organization made a similar request to ours, except they asked for the appointment documents for all of the current board members, including those appointed by Governor Bob Holden (previous to Matt Blunt). Our tactical error. But don't you think it would be ironic if they found the documents from the Bob Holden administration (and, of course, they have the documents from the current Jay Nixon administration) but they can't find the documents from the Matt Blunt administration?

Our previous coverage:

Three steps behind, and to the right (January 25, 2008)

Three steps behind, and to the right, part 2 - a microcosm of our universe (September 21, 2009)

"A Gentleman's Agreement"? (October 15, 2009) (transcript of a portion of the live radio broadcast)

It wasn't just about a tree (October 21, 2009)

"A Gentleman's Agreement?": I heard it on the radio (October 21, 2009)

"A Gentleman's Agreement?": let's not get cut out of the will (October 22, 2009)

"A Gentleman's Agreement?": $87.75 will get you one sheet of paper (October 23, 2009)

"A Gentleman's Agreement?": They're not playing hardball, they're playing cat and mouse  (October 23, 2009)

"A Gentleman's Agreement?": a cola and some scoreboards (October 24, 2009)

"A Gentleman's Agreement?": a few more pieces of the puzzle? (October 28, 2009)

"A Gentleman's Agreement"?: your silence means consent (October 29, 2009)

"A Gentleman's Agreement"?: let's not get cut out of the will, part 2 (October 30, 2009)

Old media irony impairment (October 30, 2009)

"A Gentleman's Agreement?": I heard it on the radio, part 2 (October 31, 2009)

"A Gentleman's Agreement"?: where everybody knows your name (October 31, 2009)

Methinks that someone is paying attention! (November 2, 2009)

"A Gentleman's Agreement"?: Bond, Stadium Bond (November 4, 2009)

"A Gentleman's Agreement"?: where everybody knows your name, part 2 (November 4, 2009)

"A Gentleman's Agreement"?: I heard it on the radio, part 3 (November 5, 2009)

"A Gentleman's Agreement"?: nothing succeeds like success (November 6, 2009)

"A Gentleman's Agreement"?: your Friday news dump (November 6, 2009)

"A Gentleman's Agreement"?: nothing exceeds like excess (November 7, 2009)

"A Gentleman's Agreement"?: a grade for Accounting 101 (November 7, 2009)

"A Gentleman's Agreement"?: there ought to be a law (November 8, 2009)

"A Gentleman's Agreement"?: there's gotta be a contract around here somewhere (November 9, 2009)