Potential Sunshine Law Violations by Christian County Courthouse Employees
Is Mrs. Amber Byrant using her position in the Christian County Courthouse to hide the truth from the public? Is she violating Sunshine Law to protect certain County Employees?
Amber Byrant is the Employee Services Director for Christian County. Like all Missouri government employees, she must complete Sunshine Law requirements and compliance training. At the very least, she should have had training to avoid violating Sunshine Requests.
One of her apparent duties is to fulfill Sunshine Requests. Yet, in my interactions with her, I’ve found her as challenging to work with as any mythical bureaucratic goblin in a governmental agency.
Amber Bryant provided me with files that were not only using an outdated version of Outlook but were native only to these outdated Outlook (PST) files. I have not been able to access these files on the USB drive they provided. I originally asked for them electronically, but this was denied because it was too expensive. Now, they will only provide them in PDF format by charging me more money. I’ve already been charged $54.
The Sunshine Law is Clear (Well, it Ain’t to Mrs. Bryant)
§610.023.3:
**"Each public governmental body shall make available for inspection and copying by the public of that body's public records. No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian."**
§610.026.1:
**"Fees for copying public records, except those records restricted under section 32.091, shall not exceed ten cents per page for a paper copy not larger than nine by fourteen inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body."**
§610.026.2:
**"When records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available."**
§610.023.1:
**"Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body."**
§610.011.1 (Important context about the law's intent):
**"It is the public policy of this state that meetings, records, votes, actions, and deliberations of public governmental bodies be open to the public unless otherwise provided by law. Sections 610.010 to 610.200 shall be liberally construed and their exceptions strictly construed to promote this public policy."**
For those without a law degree or a particular fondness for bureaucratic gobbledygook (our goblin friend's native tongue), let me break down what all this means:
These sections collectively establish that:
1. Records must be accessible
2. Format requests should be honored if available
3. Fees must be reasonable
4. The law should be interpreted in favor of transparency and access
The Records from Mrs. Bryant were not accessible. She did not honor the format requests (I originally asked for the files to be sent as emails). She stated that the files were too large, but they weren’t more than 81.8MB. If their system is that outdated, these could have been emailed in a series of emails.
Outlook’s limit for email attachments is 20MB. Five emails would have worked. There is nothing in the Sunshine Law preventing five emails.
After asking for $54 for two hours of work (I’m not sure how 23 files amount to two hours of work or how she earns $27 an hour), she wants more money for exporting the broken files from PST to PDF, as I requested. Am I helping pay for her morning coffee budget?
Obfuscation and Obduration
When my agent came to pick up the USB drive, he was kept waiting for nearly an hour. When I came to pay for the drive, I waited over 1/2 hour just to get a receipt of payment. I still have yet to receive an electronic copy for my records even though I requested one at the time.
Mrs. Bryant seems to have provided hopelessly outdated files that are unreadable by a modern Outlook or operating system. I have questions about why they didn’t just share the Emails using HTML or PDF, as both of these are simple export options.
I’ve attempted to open these files using Google Drive, Outlook on a PC, Outlook on a Mac, and Notes on a PC. When I finally got something to open, all I got were blank images - not a single readable email in sight.
Nothing makes the files readable. I shouldn’t need an IT degree to do this. The files aren't just inconvenient to access; they're completely useless.
Mrs. Bryant’s actions have effectively prevented public access, which clearly indicates why we need Sunshine Laws. How long does she plan to keep the truth hostage behind a wall of bureaucratic red tape? Does she hope I’ll give up on these files and just walk away? Does she live on Hopium?
This matter has been referred to the Attorney General's Office to review these potential Sunshine Law violations.
Our Email Exchange
Mr. Rice,
I spoke with the IT team, and they confirmed that the files can be opened and viewed through Outlook. All you need is an Outlook download (no Microsoft account required), or you can use one of several free PST viewers to access the emails.
The files you requested are in Outlook format, not native to PDF. Based on the number of emails, converting them to PDFs will take a substantial amount of time. It’s a time-consuming process that involves opening each email and either converting it to a PDF or printing it (which would also incur additional costs for paper and printing). If you would prefer this option, I can provide a separate quote for the conversion or printing. Please let me know how you would like to proceed.
Regards,
Amber Bryant, PHR, SHRM-CP
Employee Services Director
Christian County
202 W Elm St
Ozark, MO 65721
Office: 417-582-4307
Mobile: 417-597-0668
Fax: 417-485-0032
abryant@christiancountymo.gov
Confidentiality Notice: This message may contain legally privileged and/or confidential information and is intended only for the addressee(s). No addressee should forward, print, copy, or otherwise reproduce this message in any manner that would allow it to be viewed by any individual other than the addressee(s). If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this message.
Caution: This email originated from outside of the organization. Do not click links or open
Amber,
I have tried multiple times to access the files that you shared with me. I cannot open any of them using any of my devices. I’ve used my MacBook and my Lenovo. I need these files converted to readable files like a PDF—otherwise, they are useless and violate Sunshine Law requirements that they are accessible.
David
Mr. Rice,
We have gathered the information you requested in your Sunshine Request (below), but the files are too large to send via email. We have transferred them to a flash drive for you to pick up at the Christian County Employee Services Office (202 W. Elm St., Ozark, MO 65721—we are open M-F, 8am-4:30pm). The files will be ready for collection starting today (10/31/24). The records were compiled using the search terms and parameters that you have set forth below.
Thanks,
Amber Bryant, PHR, SHRM-CP
Employee Services Director
Christian County
202 W Elm St
Ozark, MO 65721
Office: 417-582-4307
Mobile: 417-597-0668
Fax: 417-485-0032
abryant@christiancountymo.gov
Confidentiality Notice: This message may contain legally privileged and/or confidential information and is intended only for the addressee(s). No addressee should forward, print, copy, or otherwise reproduce this message in any manner that would allow it to be viewed by any individual other than the addressee(s). If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this message.
From: Amber Bryant
Sent: Thursday, October 17, 2024 10:53 AM
To: David Rice < >
Subject: RE: Sunshine Requests
Unfortunately, we only can take money orders.
Amber Bryant, PHR, SHRM-CP
Employee Services Director
Christian County
202 W Elm St
Ozark, MO 65721
Office: 417-582-4307
Mobile: 417-597-0668
Fax: 417-485-0032
abryant@christiancountymo.gov
Confidentiality Notice: This message may contain legally privileged and/or confidential information and is intended only for the addressee(s). No addressee should forward, print, copy, or otherwise reproduce this message in any manner that would allow it to be viewed by any individual other than the addressee(s). If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this message.
From: David Rice <>
Sent: Thursday, October 17, 2024 10:44 AM
To: Amber Bryant <abryant@christiancountymo.gov>
Subject: Re: Sunshine Requests
Caution: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Is a money order the only way to pay? Can I pay over the phone?
David
Sent from my iPhone
On Oct 16, 2024, at 4:31 PM, Amber Bryant <abryant@christiancountymo.gov> wrote:
Mr. Rice:
Your request has been forwarded to my department. Please accept this as a response to your inquiry. The current cost estimate for gathering and digitizing this request is 2 hours. The salary and benefits cost for the employee that will be preparing the information is $27/hour.
Once my office (located at the address below) has received a money order in the amount of $54, we will begin the process of gathering the requested information. After receipt of payment, the estimated turnaround time is approximately 7-10 business days.
For future reference, our Sunshine Law request go to the Clerk of the Christian County Commission. The Clerk of the Christian County Commission is the custodian of the County Commission’s records. The Clerk is not the custodian of records for the Library Board or any of its members. As an example, we would not have access to any emails which were sent byJanis Hagen, Allyson Tuckness, Tori Pegram, or Harry Styron (unless it was sent to one of the Commissioners). Similarly, we would not have access to any emails which were received byJanis Hagen, Allyson Tuckness, Tori Pegram, or Harry Styron (unless it was sent by one of the Commissioners). The County Clerk is not the custodian of the Library Board records as they are their own separate legal entity and public governmental body for purposes of the Sunshine Law.
Thank you,
Amber Bryant, PHR, SHRM-CP
Employee Services Director
Christian County
202 W Elm St
Ozark, MO 65721
Office: 417-582-4307
Mobile: 417-597-0668
Fax: 417-485-0032
abryant@christiancountymo.gov
Confidentiality Notice: This message may contain legally privileged and/or confidential information and is intended only for the addressee(s). No addressee should forward, print, copy, or otherwise reproduce this message in any manner that would allow it to be viewed by any individual other than the addressee(s). If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized disclosure, dissemination, distribution, copying or the taking of any action in reliance on the information herein is strictly prohibited. If you have received this communication in error, please immediately notify the sender and delete this message.
From: David Rice <>
Sent: Monday, October 14, 2024 9:11:50 AM
To: Brad Jackson <Bradley@weprintshirts.com>; Lynn Morris <lmorris@christiancountymo.gov>; Hosea Bilyeu <hbilyeu@christiancountymo.gov>
Subject: Sunshine Requests
Caution: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Brad, Lynn, and Hosea,
Under the Missouri Sunshine Law § 610.023 et seq., I am requesting to obtain all email communications between Janis Hagen, Allyson Tuckness, Lynn Morris, Hosea Bilyeau, Bradley Jackson, Tori Pegram, Harry Styron and you regarding any discussion about the Christian County Library board trustee appointments, Echo Schneider, John Garrity and Diana Brazeale from January 1, 2023-present.
If there are any fees for searching or copying these records, please inform me if the cost will exceed $100. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the Christian County Library materials selection policy.
The Missouri Sunshine Law requires a response within three business days. If access to the records I am requesting will take longer than this time period, please contact me with information about when I might expect copies or the ability to inspect the requested records.
If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
Respectfully,
David Rice
Hick Christian