A Cole County judge has mandated that the Missouri Department of Social Services (DSS) pay over $120,000 in legal fees and penalties for “knowingly and purposefully” violating the state’s Sunshine Law, which governs public access to government records. The ruling, issued by Judge Jon Beetem, includes a $5,000 civil penalty and more than $115,000 in legal costs incurred by HHS Technology, a software company and former state vendor.
In his September ruling, Judge Beetem found that DSS improperly withheld public records based on the identity of the requester rather than the nature of the documents. The department also delayed its response for several months without providing a valid justification. The records request was initiated by HHS Technology in April 2022, seeking information about how the state solicited and allocated public funds for its Medicaid program and communications related to competitive bidding processes.
Following the department’s failure to respond adequately, HHS Technology filed a lawsuit in 2023. Judge Beetem ordered DSS to release the requested documents and pay the associated legal fees, criticizing the department’s aggressive defense strategy that unnecessarily escalated costs. “The manner in which [DSS] handled this litigation was unreasonably burdensome and expensive for the Plaintiff,” said Alexander Barrett, an attorney for HHS Technology.
In addition to the financial penalties, Judge Beetem emphasized the importance of transparency under the Sunshine Law, stating that the withheld documents are prime examples of public records that should be accessible. He rejected DSS’s claim that the documents were exempt due to ongoing litigation, asserting that such a broad interpretation could unjustly restrict access to any records potentially involved in future legal matters.
This ruling follows a similar case last year when Judge Beetem ordered the state to pay over $240,000 in legal fees after finding that the attorney general’s office, under former AG Josh Hawley, had also violated open records laws.
The Missouri Department of Social Services has not commented on this latest ruling due to ongoing litigation but is required to deliver the requested records within 45 days unless a higher court intervenes.
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