The City of Edgar Springs has once again been reprimanded by the circuit court and ordered to pay to Rebecca Varney any remaining funds over $10,000 out of two of their five bank accounts. The remaining three accounts contain restricted funds and the $10,000 permits the City to maintain two police officers and an attorney for the remainder of the year. Once that $10,000 is exhausted, the city is limited to retaining $2,500 in revenue per month and is required to pay the remainder to Verney.
In addition, the court is ordering the City to place a tax levy on the November 2024 ballot the question "Shall there be a thirty cent increase in tax levy on one hundred dollars valuation for general municipal purposes for four years in the city of Edgar Springs?" in order to raise the remaining funds plus interest to reimburse Varney.
Since our last update on the City of Edgar Springs, the City asked the court to reconsider the judgement and the matter has been taken under advisement. So far no decision has been made. The City has also filed a notice of appeal in the Southern District of the Missouri Court of Appeals and we are awaiting more information on that case.
The original case number is 20PH-CV01430 and the appeal case number is SD38838.
This is a little outside of our normal area, but is an important case regarding Missouri public records and involves our friends at the Freedom Center of Missouri.
A brief background, Aaron Malin requested public records from the Cole County Prosecuting Attorney's office on April 1, 2015. The office failed to provide those records upon claiming an exemption. The courts directed them to provide the records. They continued to fail to provide the records claiming they were not required to search for the records. The courts directed them to provide the records. They continued to delay. The courts directed them to provide monthly status updates regarding the status of providing the records. They failed to provide the monthly updates and provided minimal periodic updates. This case has been up and down from district court to the state supreme court multiple times without success.
Aaron Malin and the Freedom Center of Missouri has filed civil contempt against the Cole County Prosecuting ...
It seems the City of Edgar Springs is claiming to be insolvent and unable to pay a court judgement to Rebecca Varney following a years long battle over public records. Varney, who filed suit against the City in 2020 with the help of the non-profit Freedom Center of Missouri, accused multiple employees and city council members of violating public records laws by denying Varney access to public City Council meetings, trespassing Varney from public property as a result of her attempts to obtain public records and attend public City Council meetings, and by closing meetings and records in violation of public records laws. In December 2023 Varney was awarded $100 in damages, $650 in civil penalties, $2,071.22 in litigation costs, $76,895 in attorney fees, and interest. The City appealed and then withdrew their appeal the same day the opinion was issued.
Varney, through her attorney, has been unable to collect the judgement as the City claims to not have the funds available. According to ...
