News Release 440

DEPARTMENT SEEKS PUBLIC RECORDS FOR JAY NIXON'S FAILED BOONVILLE BRIDGE LAWSUIT

Volume 36-440

Contact: Connie Patterson

(For immediate release)

573-751-1010

JEFFERSON CITY, MO, July 23, 2008 - The Missouri Department of Natural Resources continues to seek public records from Attorney General Jay Nixon detailing how much his failed Boonville Bridge lawsuit cost Missouri taxpayers.  It has now been more than four months since the department's request for the Attorney General's Office's financial records. 

"Jay Nixon spent a good deal of taxpayer money on a lawsuit that e-mail records show was politically motivated and which the facts show never should have been filed in the first place," said Department of Natural Resources Director Doyle Childers.  "Now, after losing at every level of court in the state, Jay Nixon is refusing to provide information on how much his failures cost the taxpayers, which is an amount he is required by law to provide.  If Jay Nixon continues to ignore our request, we may have no choice but to file litigation to obtain this information."

On March 17, Childers requested all documents related to the Boonville Bridge lawsuit from the Attorney General's Office, including time records and expense accounts for staff working on the litigation.  Nixon's office replied with only 12 documents on a lawsuit that lasted nearly three years. 

The department's first attempt to follow up on this information gave the Attorney General a May 27 deadline.  The Attorney General's Office May 30 response indicated that it "continues to examine" its files and that the department could expect a response within 10 days.  The department did not receive any response and renewed its request for the third time today.

The Department of Natural Resources has estimated that Nixon's failed lawsuit cost Missouri taxpayers close to $300,000.  However, the Attorney General failed to provide documents showing how much staff, time and expense his office devoted to the effort as well as the timesheets and expense reports related to the litigation. Documents reflecting the expenditure of state resources cannot be closed under the Sunshine Law.

This apparent violation of attorney-client privilege resulted in the department being forced to hire outside counsel for the lawsuit, paid for at taxpayers' expense. This was done to avoid wasting scarce parks, soils and water sales tax funds on a duplicate trail and to avoid violating the constitutional prohibition on taking private property without compensation.

Documents related to the spending of public funds are public records. The public has a right to know how much time and expense was devoted to the Attorney General’s Boonville Bridge litigation against the Department of Natural Resources.  Public disclosure of these records is especially critical where the Attorney General initiates litigation against a state agency.

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