We heard that some of the official records of former State Treasurer Sarah Steelman (r), an announced candidate for U.S. Senate in 2012, could not be found or do not exist. So, we asked the State Treasurer’s office if they had a statement. We received the following statement (along with copies of e-mails and two files):

[….]

Sat, Apr 2, 2011 at 11:11 AM

[….]

We have received requests for former Treasurer Steelman’s schedules, emails and other public documents.

Our team has searched the office for any schedules and we do not have them. We have emails that were received by former Treasurer Steelman to her state email, but there are no sents. We have some executive files and a lot of non-executive files (psa’s, media advisories) that were not turned over to Secretary Canahan’s office that we can send to you via CD if you want. Some things were already available like salaries in the BlueBook. We asked Secretary Carnahan’s team for any of her records that were turned over at the end of her term and there were no executive boxes from her administration.

Attached are the retention schedules in place at the time she was in office, along with an email from the Secretary’s office. Also attached is the original Sunshine request and an email from our office regarding the original request.

[….]

The Sunshine request e-mails:

[….]

Sent: Monday, March 07, 2011 12:58 PM

[….]

Subject: Sunshine Law Request from Website

Name: Stephanie Nielsen

[….]

Records Requested: Records during Sarah Steelman’s tenure (1/10/05-1/12/09) pertaining to: • Employee titles and compensation • Travel records and reimbursements, per diem expenses, car, plane, phone, credit card receipts • Schedules for Treasurer Steelman • Email log for Treasurer Steelman • Office expenditures • Copies of franked mail and public service announcements • Audits • Direct correspondence between Treasurer Steelman and Gov. Blunt, including letters, reports, requests and other relevant material • Sunshine Law requests received

[….]

I am willing to pay: $150.00

Apparently this request came from an individual associated with the Democratic Senate Campaign Committee in Washington, D.C.

The response from the State Treasurer’s office:

From: Matt Vianello

Sent: Wednesday, March 16, 2011 4:45 PM

To: ‘Stephanie Nielsen’

Subject: Records Request Part 1

Dear Ms. Nielsen,

On March 7, 2011, you requested records from State Treasurer Clint Zweifel’s office.  You requested records during Sarah Steelman’s tenure as state treasurer relating to: employee titles and compensation, travel records and reimbursements, schedules for Treasurer Steelman, email logs for Treasurer Steelman, office expenditures, copies of franked mail and PSAs, audits, correspondence between Treasurer Steelman and Governor Blunt, and sunshine law requests.  We have spoken before and you mentioned that you would find the requested audits on the State Auditor’s website.  If this changes, please let me know.

Unfortunately, many of the records you requested do not exist.  After a lengthy search, Treasurer Zweifel’s office was unable to find any schedules for former Treasurer Steelman, a listing of Sunshine Requests, or official direct correspondence between former Treasurer Steelman and former Governor Blunt.

While there are some letters included addressed to Governor Blunt, I could not find any letters that had been signed or any record of these letters having been sent.  Furthermore, with regard to e-mails, I can send you a CD with two years (2007 and 2008) of e-mails that were sent to former Treasurer Steelman.  I do not have any record of e-mails sent by Steelman.  I can get the other two years, but it has been estimated that the cost would be well in excess of $1200.00 to get the information off tape.  Unless I hear from you, I am going to assume that you do not want those two years of e-mails at that cost due to your maximum dollar amount contained in your request.  If you do want those e-mails, let me know and I will get you a cost estimate and timeframe.  Also please advise whether you would like the emails I do have access to mailed to you.

With regard to sunshine requests, I have found some responses to requests, but there are not many.  I can send you the few that I have found if you are interested.

Finally, our policy for charging fees is as follows:

a.       A fee of $40.00 per hour for activities performed by attorneys.

b.      A fee of $20.00 per hour for activities performed by other staff including time required to locate, prepare and copy responsive documents.

c.       A fee of $.10 per page for copies of a document.

d.      Fees include only the cost of copies, equipment use, programming and staff time required in the production of a public record maintained on computer, facilities, recording tapes or discs, videotapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices.

e.      Documents may be furnished without charge or at a reduced charge when the State Treasurer’s Office determines that waiver or reduction of the fee is in a public interest because it is likely to contribute significantly to public understanding of the operations or activities of the State Treasurer’s Office and is not primarily in the commercial interest of the requestor.

I spent a total of 3.5 hours working on this request.  Therefore, your total bill is $140.00.  Please send a check payable to Missouri State Treasurer at the address below.

If you have any questions, please feel free to contact me.

Sincerely,

Matt Vianello

The State Treasurer’s office enlisted the assistance of the Missouri State Archives (through the Secretary of State’s office) to address the request:

From: Angie Robyn [….]

Sent: Tuesday, March 22, 2011 2:23 PM

To: Miller, Christina [….]

Subject: FW: Sunshine Law Request from Website

Hi Christina,

Does Secretary Carnahan’s Office have any records that satisfy the below request?

Also, would you send me the retention schedules that were in effect during this time period for the State Treasurer’s Office?

Thank you,

Angie

Angie Heffner Robyn

Office of State Treasurer Clint Zweifel

Deputy State Treasurer

[….]

From: “Miller, Christina” [….]

Date: March 22, 2011 4:40:08 PM CDT

To: Angie Robyn [….]

Subject: RE: Sunshine Law Request from Website

Angie –

The Archives does not have any records from the Treasurer’s office for the 2005-2009 years.

We do, however, have copies of the 2005-2008 audits of the treasurer’s office (in the State Auditor’s Collection), and the Blue Book (05-06, 07-08) would contain information on Employee titles and compensation.

Michael Shellman, in records management, is working on getting me copies of the retention schedules that were in effect.  I will get those to you as soon as he finds the right ones (both the General Retention Schedule and the Treasurer’s schedule were revised in 2010 so the current version would not be the version that would have been in effect in 2005-2009  .

Christina Miller, MAS, CA

Senior Reference Archivist

Missouri State Archives

Office of the Secretary of State

[….]

The two files we received from the State Treasurer’s office were PDFs of an “Agency Records Disposition Schedule” for the State Treasurer from 1996 and an General Retention Schedule “Agency Records Disposition Schedule” from 2007.

According to the disposition schedules there are types of records that are retained for shorter periods of time and can then be destroyed, there are other types of records
which must be retained for longer periods, and still others which must be sent to the State Archives.

The General Retention Schedule includes:

TITLE: General Correspondence – Elected Official and Department Director

CUTOFF: Completion of term of office or tenure

DESCRIPTION: Documents of a general nature that were created or received in the course of leading and managing the agency or department, which are not included in another record series. Examples of general correspondence are: (a) interoffice or interdepartmental communications which do not subsequently result in the formulation of policy; (b) daily, weekly, or monthly work assignments (including duty roster files) for agency staff; (c) calendars, appointment books, schedules, logs, diaries, and other records documenting meetings, appointments, telephone calls, trips, visits, and other daily activities of state employees; and (d) unpublished calendars of events and activities. Transfer to the Missouri State Archives.

SERIES #: 21530

[emphasis in original]

Oopsie.

The March 11 issue of the Muleskinner, the weekly student newspaper at the University of Central Missouri, included a front page article on an unfilled Missouri Sunshine Law request pertaining to the search for a new president for the institution. This morning a significant number of newspapers were scattered about the University’s visitor lot (and the University president’s designated parking spot) and along South Street. We had heard rumors that previous issues of the paper had gone missing from campus newsstands.

At the entrance to visitor parking.

Along South Street.

Along South Street.

It couldn’t have been because of the headline story, could it?

This couldn’t have been about the headline story, right? Nor stories about an armed robbery near campus, or funding for a campus center which helps youngsters with autism…

It was probably just someone who doesn’t like to read.

There is that story asking about the number of applicants, though:

Request denied for number of presidential applicants

Patrick Nolan: Muleskinner

Issue date: 3/11/10 Section: News

In response to a Sunshine Law request by the Muleskinner, the Board of Governors last week refused to provide the number of applicants for the open position of University president….

….The number of applicants doesn’t seem on the surface to be information that can be closed under the Sunshine Law as there is no individually identifiable information contained within a number.

However, Setser said he reads the law allowing to close the records and the University decided to keep the number of applications confidential for the time being.

“At some point it may be that we decide to release more information,” Setser said. “It’s all geared for what we think is best for the presidential search process….”

[emphasis added]

That’s very interesting. Somebody forgot to tell the search consultant who has an $80,000 contract with the University. From the January 28, 2010 issue of the Muleskinner:

…With the narrower time frame, the Board, along with Hutchinson and Baker and Associates, has mailed out 216 letters to various presidents of universities across the nation as of Jan. 20. They are also advertising the position in The Chronicle of Higher Education, Diverse Issues of Higher Education, Women’s Issues in Higher Education and Hispanic Outlook. UCM has received nine applications for the position so far. Seven candidates responded to the mailed letters, and two responded to the advertisements. There isn’t a set due date for resumés, but the Board believes the optimal date would be March 1, 2010….

[emphasis added]

So much for experience. It would appear that a few people need to work on keeping their ducks in a row.

This morning we plunked down $87.75 in cash (and got the receipt) for one sealed envelope which contained the results of one of our Missouri Sunshine Law requests concerning the contract between KOKO Radio (D&H Media) and the University of Central Missouri.

“Could I get a receipt?”

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)

Back to our request for information. The sealed envelope contained three sheets of paper.

Update below

A printed copy of the e-mail exchanges pertaining to this Sunshine law request was in the envelope:

[…]date: Tue, Oct 20, 2009 at 4:55 PM

subject: Re: Missouri Sunshine Law Request for KOKO radio contract information

[….]In accordance with Section 610.024 1.(1) “.. ..Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.

. .”

The cost of compiling a report that responds to your request is $87.75.  The report will be made available to you once payment is remitted.

Sincerely [….]

>>>[….] 10/19/2009 7:20 AM >>>

Thank you for your response.

In reading the contract I note:

1) Under Paragraph 13 it is stated that the parties to the contract are required to meet annually to “review and reconcile the gross advertising sales information.” Is it the assertion of the University, as indicated by the response to my original request, that no further communications have taken place concerning compliance with Paragraph 13?

If the meetings(s) took place, this is a request for communication(s) concerning the scheduling, agenda, and actions of any meetings concerning compliance with paragraph 13 of the contract.

2) Under Paragraph 12 KOKO is required to make quarterly payments to the University. This is a request for the dates and amounts of those payments since the inception of the contract.

Thank you [….]

On Fri, Oct 16, 2009 at 11:46 AM [….]wrote:

>

> Pursuant to your request, I am attaching a copy of the contract between UCM

> and D&H Media, LLC.  There is no addenda to the contract, nor am I aware of

> any other communications concerning the contract.

>

> Sincerely, [….]

>

>

>>>> [….] 10/15/2009 10:30 AM >>>

> This is a request under RSMo 610 for the following information:

>

> 1. The multi-year contract between KOKO radio and the University of

> Central Missouri for coverage of intercollegiate athletics activities

> signed in 2005 (or possibly 2004).

>

> 2. Any and all addenda for said contract.

>

> 3. Any and all communications between KOKO radio and the university

> concerning compliance with that contract.

>

[….]

And a single printed sheet containing the following information (Update: The actual document):

KOKO Revenues

2009

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $80,451

25% Revenue Share for UCM – 20,113

Total Owed to UCM by KOKO – 35,113

Compensation Remitted to UCM

KOKO – Payments to UCM – $5,812

UCM Advertising Sales Collection – $29,000

Total UCM Compensation – $34,812

Amount Owed to UCM – $301

2008

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $81,756

25% Revenue Share for UCM – 20,439

Total Owed to UCM by KOKO – 35,439

Compensation Remitted to UCM

KOKO – Payments to UCM – $7,077

UCM Advertising Sales Collection – $29,380

Total UCM Compensation – $36,457

Amount Owed to UCM – ($1,018)

2007

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $81,566

25% Revenue Share for UCM – 20,392

Total Owed to UCM by KOKO – 35,392

Compensation Remitted to UCM

KOKO – Payments to UCM – $9,066

UCM Advertising Sales Collection – $27,100

Total UCM Compensation – $36,166

Amount Owed to UCM – ($775)

2006

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $78,356

25% Revenue Share for UCM – 19,589

Total Owed to UCM by KOKO – 34,589

Compensation Remitted to UCM

KOKO – Payments to UCM – $9,101

UCM Advertising Sales Collection – $24,300

Total UCM Compensation – $33,401

Amount Owed to UCM – $1,188

2005

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $67,081

25% Revenue Share for UCM – 16,770

Total Owed to UCM by KOKO – 31,770

Compensation Remitted to UCM

KOKO – Payments to UCM – $11,000

UCM Advertising Sales Collection – $23,100

Total UCM Compensation – $34,100

Amount Owed to UCM – ($2,330)

“…Under Paragraph 12 KOKO is required to make quarterly payments to the University. This is a request for the dates and amounts of those payments since the inception of the contract…”

Uh, we didn’t get the dates of those payments. We’re gonna ask again.

We’re not accountants, but to paraphrase Senator Al Franken who has done some research, neither are most Americans. When we balance our checkbooks it doesn’t quite look like this.

And we figure that since we already had the information contained in the two sheets of paper documenting our exchanges of e-mail, we were really only paying for the remaining sheet of paper.

Update:

We received an additional response to one of our Sunshine Law requests.

[….]

date: Fri, Oct 23, 2009 at 1:47 PM

subject: Re: Request for information RSMo 610

[….]Pursuant to your request of October 23, 2009, attached is a copy BOG Policy 4.1.010 – Bids and Contracts Approval Policy approved by the Board of Governors on April 18, 2001.

>>>[…] 10/23/2009 8:37 AM >>>

This a request for information under RSMo 610.

The Board of Governors policy on bids and contracts dated April 18, 2001.[…]

This is the Board of Governors policy at the time the contract was signed:

Bids and Contracts Approval Policy 4.1.010

Approved by the Board of Governors on April 18, 2001

I. Purpose

Central Missouri State Un
iversity follows a competitive bid process to ensure impartiality in awarding contracts and to ensure the best possible use of University funds.

II. Policy

The Board of Governors of Central Missouri State University:

A. Authorizes the University President or designated officials to sign off on routine items bid under $50,000.

B. Requires University officials to report items bid between $50,000 and $100,000.

C. Must approve items bid over $100,000.

Uh, that ten year contract was worth over $100,000.

The current policy has even more detail:

Approval of Contracts, Real Estate and Capital Projects Policy

Board of Governors Policy 4.1.010

Revised and Approved by the Board of Governors on September 17, 2008

I. Purpose

This policy ensures that the best possible use is made of funds available to the university.

II. Policy

A. Delegation of Authority

The Board of Governors of the University of Central Missouri:

  1. Authorizes the university president to delegate contract and decision-making authority to direct reports within limits set out in position descriptions or by written delegation and to approve short-term (not longer than one calendar year) grants of leasehold interests in university real property.

  2. Directs the university president to adopt university procedures to ensure efficiency and accountability governing bids, contracts, agreements and all commitments of university resources. The University of Central Missouri follows a competitive procurement process to ensure integrity and the best possible use of funds available.

B. Retention of Authority

The Board of Governors of the University of Central Missouri:

  1. Retains authority to purchase, regardless of the source of funding, or sell university real property for the use of the university.

  2. Retains authority to lease real property for use by the university if the lease term exceeds one year and payment exceeds Two Hundred Thousand and no/100 Dollars ($200,000), regardless of the source of funding.

  3. Retains authority to approve any agreement to purchase property or services over multiple budget years when at completion of the agreement the total commitment exceeds Two Hundred Thousand and no/100 Dollars ($200,000), regardless of the source of funding.

  4. Retains authority to approve demolition or construction of university buildings, regardless of the source of funding.

  5. Retains authority to approve capital projects, major renovations, or significant alterations that were not included in the fiscal year budget approved by the Board of Governors….

Approved by the Board of Regents on May 20, 1987

Approved by the Board of Governors on April 18, 2001

Approved by the Board of Governors on February 21, 2007

Formatting updated August 1, 2007

Approved by the Board of Governors on September 17, 2008

[emphasis added]

“Retains authority” in this policy update probably means that they claimed that same authority in 2005 when the radio contract was signed, don’t you think?