Sunday, August 17, 2008

Mehlville Fire District Continues to Violate the Law

I wish to share with all of you the e-mail I sent to our fire chief today:

Chief Silvernail,
I visited Mehlville firehouses 1,3,4, yesterday August 16th and requested to see
the posting of the dates and times for the Mehlville Fire Protection BOD's
regularly scheduled meetings. There were none posted at the firehouses. As I'm
sure you're are well aware, Missouri statutes mandate this posting.
As I'm sure you are also well aware, I have complained about numerous violations
of Missouri's open records laws, by the district, to the district's records
custodian The district has continued to violate these laws, as well as to take
punitive action against me for asserting my rights.I have been removed from the
media notification list, refused copies of BOD minutes and e-mails that I
requested.
Please advise me when the MFPD has complied with the meeting posting
requirements of the MO statute and an explanation for such punitive actions
Mike Heins
South County News

And here's what I got back.

Mr. Heins: I am in receipt of your e-mail with regard to the above matter. Please note, with regard to the posting of a meeting notice, Section 610.020(1) of the Missouri Revised Statutes states the following: 610.020. 1. All public governmental bodies shall give notice of the time, date, and place of each meeting, and its tentative agenda, in a manner reasonably calculated to advise the public of the matters to be considered, and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by Internet chat, Internet message board, or other computer link, it shall post a notice of the meeting on its web site in addition to its principal office and shall notify the public how to access that meeting. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of meetings of a particular public governmental body concurrent with the notice being made available to the members of the particular governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held. (emphasis added). The MFPD posts notice of each meeting on the web site and at its principal office pursuant to the Sunshine Law. Let me know if you have any questions. Matt Hoffman

So here's what I sent today:
Mr. Hoffman, As I'm sure you're aware, other Missouri statutes mandate activities by fire districts and while you may not be aware of them, I'm sure the chief is. Missouri statutes require meetings be posted at all of the district's firehouses. The Mehlville Fire Protection District is a political subdivision of the State of Missouri similar to a school district or library district. As a subdivision of the State of Missouri, the Fire District operates under the guidelines set forth in the Missouri Revised Statutes, Chapter 321. I am again also requesting that the punitive actions taken against me for asserting my rights cease. I expect requests I make be given to me as required by law and that I be added back to the media notification list. I can not possibly cover the district with these actions taken against me.
Mike Heins South County News
and later I sent:
Mr. Hoffman,
Below is part of the statute to which I was referring.
Mike Heins
Board meetings, quorum, vacancy--employment, suspension, discharge of employees. 321.200. 1. The board shall meet regularly, not less than once each month, at a time and at some building in the district to be designated by the board. Notice of the time and place of future regular meetings shall be posted continuously at the firehouse or firehouses of the district. Additional meetings may be held, when the needs of the district so require, at a place regular meetings are held, and notice of the time and place shall be given to each member of the board. Meetings of the board shall be held and conducted in the manner required by the provisions of chapter 610, RSMo. All minutes of meetings of the board and all other records of the fire protection district shall be available for public inspection at the main firehouse within the district by appointment with the secretary of the board within one week after a written request is made between the hours of 8:00 a.m. and 5:00 p.m. every day except Sunday.

16 comments:

Anonymous said...

Mr. Heins you are totally wrong, the sunshine law only requires the posting at one location. Before you comment know what you are talking about. Keep up the false information and you are going to find yourself in court.

SouthCountyMike said...

5:52 Would you like to wager that I'm wrong. I'll bet all firehouse in the Mehlville Fire District post their regular BOD meetings within 48 hours. Again, if I say anything on this blog that anyone thinks is false, call me on it. I don't want inaccurate information out there. If you can point out I was in error, I'll correct it with an apology. If you think I'm lieing, pay for the polygraph. As to this matter, wait 48 hours and you'll see.

Anonymous said...

You are liar and and never correct anything.

Anonymous said...

OK we will pay for the polygraph, when and where?

Anonymous said...

You do not deserve to be on the media list, you are not a journalist you are a hate longer!

Anonymous said...

Are you to damn stupid to understand 610.020. It is very clear you only have to post the agenda at the location of the meeting. All political sub-divisions fall under the Sunshine law of 610.020. No agencies have any other statues regarding the sunshine law in there prescribe regulatorities.

Anonymous said...

Heins will you stop coming up with this shit that you are a news agencie. You (Plain and Short)are a low life blog site and blog site only. So stop trying to play reporter:

Anonymous said...

Heins stop coming up with this shit that you are representing the news media. You are a low life blog site and blog site only. You are not a reporter and will never be a reporter.

SouthCountyMike said...

Wow, did you fellows have a bad weekend or what?
10:08 I have too admitted I was inaccurate in my comments about Chief Silvernail having two restraining orders against him.I didn't realize at the time that the first order had expired when his probation was completed.
10:11 Let's start with your name,so we understand who gets to pay for it.
11:30 I really don't want to spend a lot of time going back and forth on this. Just wait a couple of days and Mr. Hoffman will tell der Chairman Hilmer to obey the law.
11:52 I never said I was a news agency, but bloggers have been recognized as media by the courts. I assure you, there will be plenty of media badges issued at the Republican and Democratic Conventions. Do you think the people who work for the Post-Dispatch blogs aren't considered media?

Anonymous said...

Wow your dumb ass should have been a lawyer.

Anonymous said...

I believe you could add class to your blog site by deleting some of the negative blogs. A lot of readers are sick and tired of reading the local news papers because of the negative articles and it looks like a lot of the blog sites are following in there foot steps.

Anonymous said...

321.200 is not specific about posting a notice in all firehouses. Since when did you care about the Sunshine Law? You certainly didn't care about it when you were an elected official in the Mehlville school district.

Anonymous said...

I heard about this blog and thought I might look at it. I will the leave this comment. The Old Board of Directors for years sent BOD meeting adgenda's to all the stations to be posted. I know because they were delivered in the Departments mail system and post them for the last 25 years when on. That changed in April 2005. Oversight Perhaps ????

I wish they posted the minutes of the meetings on the website.

Anonymous said...

This piece of shit website a media outlet? Surely you jest. You take yourself far to seriously.

SouthCountyMike said...

7:58 Thanks for youre kind words.
5:07 I'll try to keep that in mind. I think I've done a better job over the last several months but I have to tell you, some folks motivate me to be negative. You wouldn't believe some of the vile comments I get from people that write to me. I must remember to feel sorry for their unhappiness and hold back those negative feelings.
5:18 How much more specific can it be? Read the bolded portion of the post. The fire department must post their regular meetings at all the fire stations. And why is the Board afraid of the citizens knowing when their meetings are?
5:03 No, I'm not and stop calling me Shirley.

Anonymous said...

Mike
I believe you need to take the lie detector test. This will show you are a true Ass and Sob of our fine community.