Statute leaves transportation development districts compliance up to boards, attorneysBY CHAD DAY, JACOB BARKER COLUMBIA — While all of Columbia’s transportation development districts try to comply with state statutes and Sunshine Law provisions, some are more open than others. Transportation development districts are governed by the Missouri Open Meetings and Records Law and are required to hold public meetings, to document their activities and to publicly bid the projects they build. Despite the openness requirements, the public has no direct say in the districts’ activities and decisions. The city’s leverage is limited to approving transportation projects that connect to city streets. Many districts in the state operate in secret, and the statute creating transportation development districts provides few mechanisms to compel districts to follow the laws. That leaves compliance up to the boards of directors and TDD lawyers. Joe Martin, chief of staff for State Auditor Susan Montee, said the auditor’s office has no ability to compel the districts to send in financial statements. Two state auditor reports have cited concerns with the districts’ oversight. Because the districts are set up through the courts and governed by state law, there isn’t much local oversight, either. Add that to the fact that the concept is highly technical and hardly publicized, and it’s easy to see how developers could take advantage of TDDs. Columbia attorney Craig Van Matre holds the districts he manages to stricter standards than the law requires. While some board members in other districts are paid salaries, those who serve on his TDD boards are not. While some districts hold their meetings in the offices of lawyers or developers, his meet in city hall. His districts post public meeting notices with the city. And for exactly that reason, when the public attention does shift to TDDs, his clients are usually the ones caught in the glaring light of public ire. Some TDDs, however, don’t emphasize openness. In fact, their practices are quite the contrary. Sunshine adherenceAn eight-month-long Missourian review of records from each of Columbia’s 13 districts found differing interpretations of compliance with the TDD statute and the Sunshine Law. The Sunshine Law states that governmental bodies can charge up to 10 cents per page for standard copies and the actual cost of the copy for larger or specialized documents (such as maps, photos and graphics), according to the law’s summary provided by the Missouri Attorney General’s office. The bylaws of the CenterState and Lake of the Woods TDDs run contrary to this interpretation. Each charges up to $100 per hour to compile public records. The Lake of the Woods TDD also charges $1 per page for copies. In addition, research time is statutorily required to reflect the actual cost of finding records and copying time shall not exceed the average hourly rate of pay for clerical staff of the public body, according to the law. The Missourian requested a waiver of fees from all districts and found the following differences in records policies at transportation development districts in Columbia.
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