04/28/2025 - JEFFERSON CITY, Mo.
The Stone County Developmental
Disability Board needs to operate in a more transparent manner and improve
compliance with state law according to a report released today by Missouri
State Auditor Scott Fitzpatrick. The audit gives the Board a rating of
"fair" and recommends improved compliance with the Missouri Sunshine
Law.
"It's disappointing to see the
Board doesn't consistently comply with the provisions of the Sunshine Law and
in doing so prevents the public from having an adequate level of access to, and
knowledge of, Board committee decisions and actions. It's equally disappointing
to see the Board disagree with many of our findings, make an incorrect claim
that it doesn't qualify as a political subdivision, and provide a response that
seems to indicate the Board believes compliance with state law is not
mandatory," said Auditor Fitzpatrick. "I urge the members of the
Board to implement our recommendations immediately so they can comply with
state law and operate in a way that is more transparent and more responsive to
the people of Stone County."
The audit report highlights the fact the Operations and Finance committees for the Stone County Developmental Disability Board did not always provide notice of the time, date, and place of each meeting; and did not prepare or provide tentative agendas. The report notes that Board committees are subject to the Missouri Sunshine Law. It also notes that without maintaining meeting minutes and providing public notice of Board committee meetings, the Board lacks an official record and there is no transparency regarding the actions taken during committee meetings. The audit also found the Board violated the Sunshine Law by discussing and voting to increase the Executive Director's salary from $90,000 to $125,000 annually in the December 21, 2023, closed meeting.
The
audit also found the Board did not comply with state law when it procured a
construction manager for construction of a facility to house all Board
operations. The
Board solicited proposals from construction managers for the facility using the
construction manager-at-risk method outlined in Section 67.5050, RSMo, and in
March 2024, awarded a contract to a construction manager for a guaranteed
maximum price of $2.75 million. However, Section 67.5050(2), RSMo, allows this
procurement method only for building projects that exceed $3 million. The Board
disagrees with this finding and makes the claim that it is not a political
subdivision and thus not subject to the relevant statute. However, by its own
admission the Board is clearly a political subdivision as it defines itself as
such on its own official website. The report makes it clear the Board is
subject to Section 67.5050, RSMo and should have used a proper procurement
process and building method available under state law, which might have
resulted in a different contract price.
The final finding in the report
identified that the Board's records
policy does not include all forms of electronic communication in compliance
with the Missouri Secretary of State Records Services Division guidance, as
approved by the Missouri Local Records Commission. The Board's
policy covers email, but does not cover text messages or other electronic communications.
"I hope this report shines some
additional light on the operation of the Board for the taxpayers of Stone
County and the numerous individuals who have questioned Board decisions in
recent years," said Auditor Fitzpatrick. "I encourage anyone with
concerns to attend Board meetings where they can make their voices heard, or take
their concerns directly to the Stone County Commission."
The full audit report for the Stone
County Developmental Disability Board is available here.
