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Former Blunt Administration attorney testifies on Sunshine Law

February 23, 2010 By
Scott Eckersley talks to a reporter after testifying before a House committee

Scott Eckersley talks to a reporter after testifying before a House committee

A former attorney with the Blunt Administration who was fired for questioning whether the administration’s e-mail policy violated the state Sunshine Law returned to the Capitol, to testify in favor of a bill which would strengthen the law.

Lawyer Scott Eckersley says he returned to the Capitol to encourage lawmakers to strengthen the state Sunshine Law.

“I think just going through what I went through where this was really one of the essential issues in the lawsuit has given it a pretty soft place in my heart, I suppose,” Eckersley said in an interview after testifying before the House Standing Committee on General Laws.

Eckersley was fired as deputy general counsel to Governor Blunt in September of 2007. The governor’s office cited poor job performance. Eckersley claimed it was because he considered the administration’s routine deletion of e-mails a violation of Sunshine Law, which he says is important to the average Missourian.

“You start reading it, you start yawning,” Eckersley said. “But when you start looking at it as a law that really provides folks ownership in their own government, that’s kind of the way I see it.”

Eckersley settled a lawsuit against Blunt and his top aides for half a million dollars after a protracted legal battle, which he says didn’t sour him on state government.

“I think you go through something like I went through and had the ending not been victorious for me, in clearing my name and promoting principles that I thought were important, it might have soured me. This didn’t sour me,” Eckersley said.

The legal battles cost the taxpayers about $2 million and cast a shadow over the final months of the Blunt Administration. The governor and his aides never admitted any wrongdoing in the incident.

Eckersley testified in favor of HB 1444/1445 sponsored by Rep. Tim Jones (R-Eureka). Jones succeeded in getting the modifications to the Sunshine Law through the House last year and into a Senate committee, but it failed to pass the Senate. Eckersley said he primarily favors the increased penalties in the bill and hopes it will also strengthen protections for whistle-blowers, like him.

Eckersley left the state after leaving the Blunt Administration, going to California where he earned a MBA from the University of Southern California. He says he must complete some continuing legal education courses to be certified for the Missouri Bar. He has returned to Springfield and stated that he is in a period of transition.

AUDIO: Brent Martin reports [1:20]

AUDIO: Scott Eckersley testifies before a House committee on Sunshine Law [2:30]

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Letter ends long-running Blunt Administration dispute

September 23, 2009 By

A letter written by Attorney General Chris Koster ends a long-running dispute between the administration of former Governor Matt Blunt and one of his top attorneys. Koster has signed a letter clearing former Blunt Administration attorney Scott Eckersley of any wrongdoing. Eckersley’s defamation of character suit against Blunt and some of his former staff members was dismissed in May. Eckersley received a $500,000 settlement from the state.

Eckersley filed suit against the administration in 2008, claiming the administration wrongly fired him and maligned his character after he warned it that the governor’s e-mail policy violated the state Sunshine Law.

The St. Louis Post-Dispatch reports that Koster withheld the letter from Eckersley until Eckersley promised to pay $200,000 to his attorneys, part of the Strong, Garner and Bauer law firm of Springfield. The law firm is closely tied to the Democratic Party. Koster is a Democrat. Koster’s office, though, denies his actions had anything to do with political considerations. The office says Koster merely wanted to make sure that the state wasn’t on the hook for any more legal fees.

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Former Governor Hearnes praised during state funeral

August 19, 2009 By

State funeral services for former Gov. Warren Hearnes have concluded at the Capitol, with Gov. Nixon praising Hearnes as a governor who provided a steady hand during the stormy times of the 1960s. Hearnes served as Missouri governor from 1965 to 1973. He was the first to serve consecutive terms as governor after the state constitution was changed to allow it.

flaghearnes.jpg Nixon stated that it was his honor to help commemorate the life and leadership of Missouri’s 46th governor. Nixon noted that Hearnes accomplished much during his time as governor, but also in her personal life, such as marrying his childhood sweetheart Betty. The two were married more than 60 years.

Nixon stated that though many years have passed since Hearnes served as governor, his legacy of compassion, action and enlightened leadership continues and endures.

The casket was closed, covered by a state flag Hearnes took with him to Charleston. He had told his wife, Betty, that he wanted that flag to drape over his coffin.

The state funeral attracted former Governors Blunt, Holden, Wilson and Ashcroft. Former Senator Jean Carnahan represented her late husband, Mel Carnahan.

Hearnes was a member of the Missouri House, where he became the Majority Floor Leader. He was elected Secretary of State prior to winning election as governor. His public service spanned almost 70 years.

After the service, the hearse carrying the former governor circled to the north side of the Capitol for military honors, including a 19-gun salute and helicopter flyover. Hearnes will be returned to Charleston, in southeast Missouri, for a visitation tomorrow evening at the First Baptist Church. His funeral will be held Friday morning at the church.

State funerals at the Capitol are rare. The first was held in April, 1918 for former Governor William Joel Stone who was governor 1893-97 and died while serving his third term in the U. S. Senate. The most recent was for Governor Mel Carnahan, held outdoors in October, 2000.

Download/listen Gov. Nixon eulogizes former Gov. Hearnes (12:30 MP3)

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Settlement reached in Blunt e-mail case

May 22, 2009 By

The lawsuit filed against former Governor Matt Blunt and five members of his staff over the termination of lawyer Scott Eckersley has been settled.

The official announcement from the Attorney General’s Office states the suit has been settled for $500,000 – with the various parties maintaining their positions. The AGs Office says more than $1.3-million has been paid to defense attorneys from the State Legal Expense Fund, and it was felt continuing the litigation would likely mean additional significant expenses to Missouri taxpayers.

Earlier, a source who declined to be named told the Missourinet about the settlement, complete with the dollar amount of the settlement.

The lawsuit was filed by Eckersley in January of 2008, when the lawyer claimed he was fired as retaliation against his raising concerns the administration’s handling of e-mails might have violated the state’s Sunshine Law.

Filed Under: Crime & Courts Tagged With:

Expert calls Blunt e-mail report "a frustrating read"

March 8, 2009 By

A national expert on governmental openness says the investigation into the Blunt Administration’s handling of electronic correspondence is as frustrating as it is informative.

National Freedom of Information Coalition Executive Director Charles Davis has been poring over the 46-page report on the investigation of how the Blunt Administration handled e-mail correspondence.

He calls it "a frustrating read".

Davis says the document shows that clearly there were violations of both the state record retention law and the Sunshine Law, the open records law. It’s frustrating, according to Davis, because nothing can be done about it.

The report, according to Davis, demonstrates clearly that the actions of Blunt’s office were completely insufficient to comply with the law. He says it is clear that hundreds of e-mails subject to the Sunshine Law were not released to reporters who made requests of the office. They would not have been released if it weren’t for the investigation says Davis.

Davis, an assistant professor at the Missouri School of Journalism in Columbia, says he gets the sense that the Blunt Administration considered the Sunshine Law a hassle, something to be deal with like the flu or the common cold. Davis suggests that state lawmakers consider the contents of the report, because it discloses weaknesses in state law that should be addressed. Ultimately, Davis hopes the investigation leads to better compliance with the Sunshine Law overall in state government.

The report was filed by special investigators Mel Fisher and Rick Wilhoit, appointed by former Attorney General Jay Nixon to investigate how the Blunt Administration handled e-mails. Nixon says he appointed the two to conduct an independent investigation after receiving complaints that the governor’s office failed to comply with the Sunshine Law. The investigation began when it appeared Nixon would challenge Matt Blunt’s re-election bid. Blunt, though, announced he would not seek re-election. Still, charges that the investigation was politically motivated never ceased. 

Download/listen Brent Martin reports (1:15 MP3)

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