U. City Watchdog Files Sunshine Complaint Against TIF Commission

UNIVERSITY CITY, MO — Local government watchdog and University City resident Tom Sullivan has filed a complaint against the city's Tax Increment Financing (TIF) commission for allegedly violating the open meetings provision of the state's Sunshine Law.

The city plans to hold the continuation of a public hearing tonight at 7 p.m., but attendance will be limited to 350 people, and IDs may be checked at the door to prevent non-U. City residents from entering the building. In addition, no one who spoke at the first hearing, held May 23, will be allowed to speak again.

Sullivan called that "blatantly illegal."

"The commission is planning a meeting for this evening in a venue that is likely to be woefully inadequate to accommodate members of the public," Sullivan wrote in an email to Assistant Attorney General Jason Louis this morning, adding that lawyers Gerald Greiman and Margaret Hart-Mahon, who sit on the commission, would be subject to disciplinary action for taking part in a meeting that violates state law.

That law states: "Each meeting shall be held at a place reasonably accessible to the public and shall be of sufficient size to accommodate the anticipated attendance by members of the public."

Patch has reported previously that around a hundred people were turned away from the last public hearing due to concerns from the fire marshal. Several citizens suggested other venues at the last hearing, including Centennial Commons or the high school auditorium, but those requests were rejected.

"On the matter of limiting the number of people to 350 into the venue on June 6, 2018, this is being done in an effort to make the public hearing a more pleasant experience for our residents," city manager Gregory Rose told Patch in an email June 4. "Limiting the number of people in the facility should improve air circulation and prevent the need to block critical fire exit doors. In regards to improving the sound quality, I have authorized the rental of a sound system in order to make it easier for speakers to be heard. These few improvements will make this a better experience."

Second-ward Councilmember Paulette Carr made the same argument in a newsletter published Monday.

"Although many have suggested that Mandarin House is too small to accommodate the expected crowds, there are legal reasons why it must be held here," Carr, who also serves on the TIF commission, wrote. "If those who do not live or own property or business [sic] in University City will allow those who do to enter and be seated first, I believe the location will be adaquate [sic]. There will also be an enhanced audio system."

For Sullivan, those explanations don't cut it.

"Clearly, it is anticipated by city officials that the Mandarin House is not of sufficient size to accommodate members of the public who wish to attend the meeting," he said. "This violates the Sunshine Law. The meeting should not be held."

Sullivan has previously accused Greiman, who chairs the commission, of conflicts of interest, and Carr of other potential Sunshine Law violations.

The American Civil Liberties Union of Missouri has also weighed in on the issue.

“University City officials must abide by the Sunshine Law by not moving forward with a public hearing unless it is held at a place that accommodates everyone who wishes to attend," said Tony Rothert, the group's legal director. “Limiting the number of people at a public meeting about an issue that most directly impacts communities of color not only violates the open meetings law, but defeats the law’s promise that all members of the public may participate in this debate.”

Patch reached out to Councilmember Carr, city manager Gregory Rose, and community development director Rosalind Williams for additional comment yesterday. We have not heard back.

Photo by J. Ryne Danielson/Patch