Editor’s note: The following column first ran in the St. Louis Post-Dispatch in response to the paper’s Aug. 30 editorial.

I read with dismay the Aug. 30, 2011, St. Louis Post-Dispatch editorial board opinion accusing me of caring more about my budget than the recovery of Joplin.

The editorial claims that I filed a lawsuit against the governor because I “want the court and the public to believe that (my) budget is more important than helping a city rebuild from one of the worst natural disasters in our state’s history.”

The editorial was dishonest, and it will serve to further erode the public’s confidence in the St. Louis Post-Dispatch.

Here are the facts: In accordance with my statutory obligation as state auditor, my office began a regularly scheduled audit of Gov. Jay Nixon’s office in June of this year. Our seasoned audit staff, with decades of experience working in this office for both Republican and Democrat auditors, informed me that Gov. Nixon’s budget director could not provide any accounting data to support the over $170 million of withholds for programs such as Parents as Teachers, Bright Flight Scholarship, Domestic Violence Grants, Office of the Child Advocate and Medicaid.

 There were no invoices, estimates, analyses or other calculations. It appeared this number was simply plucked from thin air. Moreover, it appeared that the governor had exceeded his legal authority by: (1) withholding these funds before the start of the fiscal year and without evidence actual revenues are less than revenue estimates; and (2) reallocating the withheld funds in violation of the separation of powers, both violations of the express language of the Missouri Constitution. I sued only after the governor overtly rejected my recommendation that he work with the Legislature to resolve this issue.

The amount withheld from my office was one-third of 1 percent of the total withheld. Over $130 million of the withheld funds are from education-related programs, including Parents as Teachers, Bright Flight Scholarship, Access Missouri Scholarship, community colleges, four-year institutions, math and science tutoring, early grade literacy, Scholars and Fine Arts Academy, school busing, Missouri Research and Education Network, and Missouri Higher Education Loan Authority (MOHELA) projects.

What happens to the children whose parents cannot afford a car or whose work schedules conflict with school schedules if there is not enough money for school buses? What happens to students who now cannot afford to attend college? While Missouri tries to fight its way out of a recession, the governor is withholding funds from the Missouri Federal and State Technology Partnership Program (MOFAST), which helps small Missouri companies successfully compete for contracting dollars. Many of the withholds target some of the most vulnerable members of our citizenry, including abused and neglected children, victims of domestic violence and senior citizens. The governor is withholding money appropriated to the Office of the Child Advocate, domestic violence grants, Alzheimer’s grants, Area Agency on Aging grants and Medicaid. That is my concern.

I care about Joplin, both personally and as an elected official of this state. I have visited the victims, advised their officials on accounting for disaster relief, and personally contributed to the relief efforts. I also care about senior citizens, students, victims of domestic violence, Medicaid recipients and the tens of thousands of other Missourians, including the residents of Joplin who are also being affected by these withholds.

This year, Missouri has suffered unprecedented natural disasters. The victims must be fully compensated. It is imperative that people affected by these disasters receive the assistance they need to recover and rebuild.

Disaster recovery will take years, and we need to make sure that sound fiscal practices are implemented so that Missouri will have the resources to support the recovery and grow economically.

But, even good intentions must be effected lawfully, and there are many lawful ways to accomplish this objective. Third World dictators often use emergencies as an excuse for suspending the constitution and rule of law. This happens in Zimbabwe and Honduras, but it should not happen in the United States, and we cannot allow it to happen in the state of Missouri.



Tom Schweich is the Missouri state auditor.