There's a little more than one week before voters will cast their ballots in two major races - for Jefferson City mayor and for two seats on the Jefferson City Board of Education.
One issue important to both is transparency. For school board candidates, an issue often cited is a lack of confidence in the existing board, while some mayoral candidates have said the city needs to make more efforts to be as transparent as possible.
Definitions
Jean Maneke, counsel to the Missouri Press Association, defined transparency as conducting the public's business in a way where the public has an opportunity to hear and be heard, as well as having records, acts and votes happen with notice and in public meetings.
"Government of and by the people is a foundation of the United States, and people cannot be involved in their government if they are kept in the dark about when and how decisions are made," Maneke said. "Public input is a key core of good government. Strong public bodies are ones that seek public input, make information easily available to its citizens and conduct the public's business in meetings properly noticed up to the community."
Maneke said the Sunshine Law establishes several areas where a meeting may be closed, emphasizing the law does not require a meeting to be closed in any instance.
"There are times when a good argument exists for closing a meeting," Maneke said. "However, each time a meeting is closed, you sacrifice some public trust. The decision to close a meeting needs to weigh that public trust against the arguments to close the meeting and determine which (choice) is truly in the public's best interest."
Three of the most commonly used exceptions to the Sunshine Law are real estate, personnel and legal. The Sunshine Law states a meeting may be closed to discuss, among other exceptions, legal actions or litigation involving a public governmental body; the leasing, purchasing or sale of real estate "where public knowledge of the transaction might adversely affect the legal consideration;" and for the hiring, firing, disciplining or promoting of an employee.
School board candidate Pam Murray said she defines transparency as being open with a process that allows the public to see discussions and documents.
"Without transparency, there is usually no trust - if there is nothing to hide, why hide it?" Murray said. "With current technology, there is no reason why complete information cannot be posted to a website in a timely manner."
Murray said less than half of the 22 defined exceptions to the Sunshine Law apply to school boards and, even in those situations, usually only certain aspects of the discussion may be closed.
"Just because a particular topic may be charged, uncomfortable or embarrassing is not a valid reason to conduct the discussion in private," Murray said.
She also noted the law defines a meeting to have taken place whenever a majority of board members communicate about business, adding "to avoid the perception of impropriety it is advisable to avoid "socializing' as a group."
School board candidate Joy Sweeney said she defines transparency as sharing clearly-defined plans, policies, processes and actions with the public.
"Transparency or openness is imperative to holding the governing body accountable for the actions and is extremely important," Sweeney said. "The reason it is important to have access and openness in government is to ensure that the governing body is serving in the best interest of the people."
Sweeney said she believes a meeting should be closed "whenever we are discussing individuals and/or legal matters."
School board candidate Michael Couty said he defines transparency as operating in a way where it is easy for people to see what actions are being taken, noting its importance for keeping board members and the administration accountable.
"When board of education meetings are open to the press and public, its policies and fiduciary budgets may be reviewed by anyone," Couty said. "Its policies and decisions are open to discussion, can be seen as transparent, and there is less opportunity for members or administration to abuse the system for its own personal interest or agendas."
Couty said his perception is all school board meetings are open to the public except in specific instances involving confidential records and information, including student records, pending litigation, land purchases, negotiation strategies and personnel issues. He noted the purpose of the closed session must be announced prior, and minutes must be kept and released to the public when there is no longer a need for confidentiality.
School board candidate Dan Renfrow said he defines transparency as a process that allows people to see through its workings and know exactly what goes on.
"A government that is not transparent is more prone to corruption and undue influence because there is no public oversight of decision making," Renfrow said.
Renfrow said he believes meetings should be closed for discussions of property negotiations, pending litigation and personnel issues.
School board candidate Adrian Hendricks II said he defines transparency as the quality of being clear or see-through.
"That being said, in the position of public office, there is a need in our society to practice transparency," Hendricks said. "Transparency provides the public the ability to know and understand actions, decisions and motives initiated on their behalf."
Hendricks said a meeting should be closed "when sensitive and personal information is going to be discussed." He noted the ability to close a portion of a meeting is vital to protecting the best interest of the board and the families it serves.
Mayoral candidate Bob Scrivner said he defines transparency as operating in the public eye and letting people participate in the process, as well as making it easy for people to access information. He said one of the reasons transparency is so important is that it helps combat a lack of trust in government.
"No governmental entity can really be effective if the public doesn't support them," Scrivner said. "So you have to have trust and support in order to do the public's business."
He added a meeting should be closed when dealing with personnel and contract negotiations.
Mayoral candidate Leonard Steinman said he defines transparency as showing everybody what's going on without hiding it.
"That way you've got the true facts," Steinman said.
He added a meeting should never be closed to the public for any reason.
"It should be open to the public always," Steinman said.
Mayoral candidate Carrie Tergin said she defines transparency as being open, clear and honest with the public.
"We work for the citizens," Tergin said. "They should be able to have a clear, honest answer about what's happening at city government at any time."
Tergin said transparency is vital to ensuring the public always has a voice in how things are being handled.
She added meetings can be closed when discussing personnel, real estate and legal issues, but she noted she prefers to keep things open as much as possible.
Mayoral candidate Edith Vogel said she defines transparency as being able to see through an issue "without rose-colored glasses."
"You have to be honest, honest, honest," Vogel said. "It's the most important thing that anybody can do when they are in the political or the civil servant or the arena of public discourse."
Vogel said a meeting should be closed when discussing real estate, personnel and legal issues, as allowed by the Sunshine Law. In all other instances, she said, the city should conduct business in the open.
Mayoral candidate Roy Viessman said he defines transparency for the mayor as being extremely accessible and having an open-door policy as much as possible.
"You have to engage and transparency has to start with honesty," Viessman said. "It's a confidence thing. If you're not transparent, people lose confidence in you and it attacks the credibility."
Viessman said a meeting should be closed when dealing with personnel or contracts.
Mayoral candidate Richard S. Groner said he defines transparency as the opportunity for people to see what's going on in government. Groner said transparency helps prevent "hanky-panky" and other things that shouldn't happen.
Groner said a meeting should be closed when it concerns legal or personnel matters, but nothing else.
"It's the citizens' business," Groner said.
Unity vs. openness
Maneke said the point of the Sunshine Law is "public officials make better decisions when the public has a proper opportunity to give its input as decisions are being made."
She said unity as a body is not necessary, especially when communities are made up of many different people from different backgrounds.
"I don't think the public looks for unity as a key component of good government," Maneke said. "The best government is one that takes into account all factions and makes the best decision for the community at large. If the public can see how a wide variety of interests were taken into consideration, it is more likely that the public will buy into the decision that was made."
Murray said it's very important for the public to hear the discussion of board members on issues facing the school district in order to know how different members feel about different policies.
"By witnessing the discussion, one can better appreciate why someone feels a certain way and have more confidence in the final decision, even (if) it is one with which you disagree," Murray said. "How a public body works together when members disagree tells us how they are likely to handle matters that must be conducted in private."
Murray said the time for unity is after a decision has been made, when all board members should try to come together and support the majority decision.
Currently, the school board's policy is to have the president speak publicly for the entire board. When asked if the president should be the sole voice for the entire board, Murray said no, adding all members are elected by the public and are accountable to the public.
"My preference is to speak for myself, to support board decisions while also explaining why I did or did not agree with the majority of the board," she said.
Sweeney said public view of board discussions is not always necessary, as there are times that involve "information that cannot or should not be shared."
"Open discussion does help provide understanding of decisions and support for those decisions; however, it is not always necessary," Sweeney said.
Sweeney said while it's important to have a perception of openness, it also is important that the board present decisions collectively and united.
"This process helps the community to see the value and importance of the decision and, hopefully, will ultimately provide the best education for our children," she said.
Sweeney said she believes it is important for the board to designate a spokesperson, noting it does not always have to be the board president. She noted when she was board president, several other board members spoke to the press and public in many instances.
Couty said the public's view of the discussion is important because it allows all aspects of the board to be reviewed by anyone.
"Thoroughly discussing an issue in an open forum provides the viewer an opportunity to observe and understand all points of view regardless as to whether or not they support the subject of discussion," Couty said. "When board members want to give a summary of meetings and/or decisions made from discussions afterwards, transparency is absent."
Couty said the perception of openness is key to building trust and cohesiveness in the district, making it more important than the perception of being united as a board.
He said he does not believe the board president should be the sole voice for the entire board, but added the president or another designated board member could serve as the official spokesperson to handle media requests and issue statements on behalf of the board. However, that should not preclude other members from speaking, he said.
"It looks, feels and sounds like a unity of secrecy or a cover-up," Couty said of the president being the sole voice of the board. "The board president and members should be committed to creating an unprecedented level of openness regarding their decision making and work to ensure the public trusts that there is a system of transparency, public participation and collaboration."
Renfrow said the public's view of the discussion is important, but "not all topics are required to be discussed in a public meeting."
"As long as holding the discussion in a public meeting will not negatively impact the result, we should have all discussions in public," Renfrow said.
Renfrow said the perception of openness is vital to being able to operate effectively as a board.
"Without openness, the board will lose the confidence of the employees of the district and the community," Renfrow said. "Lack of confidence in the board can cause all of the board's decisions to be questioned as to not only the quality of their decisions but as to their motives or "hidden agenda' behind their decisions."
Renfrow said he believes a point of contact should be named for each issue, as that would be the best way to provide information to the community, but it shouldn't prevent other board members from speaking if they choose.
Hendricks said by allowing the public to see "non-sensitive information," the board can inform and educate people on the decision-making process.
"This is especially critical when there is a rift between the leadership and the community in an effort to restore trust, build accountability and credibility," Hendricks said.
He added both unity and openness are vital and "one without the other is a recipe for disaster."
"We need both elements to make Jefferson City Public Schools the best it can be," Hendricks said.
He said there is "an agreeable logic" behind having a designated spokesperson to represent the board, but noted there should be other opportunities for board members to engage with the public and share their thoughts on a particular issue.
Scrivner said the importance of having discussions in view of the public depends on what is being discussed, as some matters should be discussed in closed session. However, most public business can be done in view of the public, he said, and it should be. Scrivner noted he'd like to look into televising or streaming council committee meetings, which is where many issues are worked out between council members before the twice-monthly council meetings.
Committee meetings are open to the public, but most often are not televised.
"I think that the more that they can see and hear with their own eyes and their own ears is a good thing," Scrivner said.
Scrivner said both unity and openness are important, but it's not vital to have unanimous council votes all the time.
Steinman said having discussions in view of the public is incredibly important to ensure everyone gets the whole story, not just a part of the story. He said a leader informs people of what's going on in the area so everyone can be included in any decision that is ultimately made.
He said the perception of openness is most important, but the council also needs to engage when the public comes to them. Steinman said those who come to council meetings to speak on issues are given three minutes and council members should really pay attention to what they have to say or ask questions of the speaker.
Tergin said allowing the public to have first-hand knowledge of city issues is extremely important and meetings should be open and recorded whenever possible to allow the discussion to be in full view of the public. She said public officials should be as accessible as possible to answer any and all questions from residents on any issue.
She said the perception of openness should be a priority, noting unity may come as a result of being open. By being open, especially when there is not a unanimous decision, Tergin said people can at least know where council members stand and why they voted the way they did.
"Openness is key," Tergin said. "Without openness, the rest may not matter."
Vogel said the public has to be informed first before a decision is made, except in situations where a closed meeting is warranted. In those cases, she said, it is up to the council members to get the word out to the people of what they're discussing and how it will be discussed.
"It all has to be out in the open," Vogel said. "Let the sun shine in."
Vogel said the perception of openness is far more important than unity. She said she doesn't like to see constant unanimous votes on issues and would rather see council members open up about what is on their mind.
"They're at the table for a reason, and that is open discussion," he said.
Viessman said it is imperative to have discussion in the public view to keep people informed about what is going on in the city.
He said the perception of openness is more important than being seen as united, especially since the entire City Council will not always agree.
"Openness always trumps," Viessman said.
Groner said he believes everything should be open for public scrutiny and public view of discussion is a necessity. Speaking on bidding processes, Groner said everything should be in writing.
"Jefferson City is lacking and one of the worst cities I've ever seen for hiding information, which it shouldn't be doing," Groner said. "Hanky-panky can go on behind closed doors if the people don't know what's happening."
He said openness is the most important aspect and the perception of unity within the council is meaningless.
"Debate and discussion is good, necessary," Groner said.