The Joplin Globe, Joplin, MO

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November 4, 2009

Neosho council to review plan to destroy records

By Debbie Robinson

news@joplinglobe.com

NEOSHO, Mo. — A Neosho city councilwoman Tuesday night obtained a delay in the proposed destruction of administrative records until further review.

“We have a right to these records, because they exist,” said Councilwoman Heather Bowers. She said city ordinances don’t provide for the destruction of public records.

The council did unanimously agree to destroy old police and court records as a matter of housekeeping.

As for the administrative records, Bowers said the list she received failed to list all of the records.

“The list is not complete,” she said. “This list is not everything that is in those boxes.”

Initially, Bowers asked for copies of everything that was to be destroyed, but council members agreed to review the records before considering further action.

Bowers said she received an e-mail from the state auditor that stated all records should be maintained, if possible.

City Clerk Audrey Covey said state law does not require council approval for the destruction of old records. Covey said the issue is space, and, unless the documents involve legal or historical issues, she has the legal authority to destroy records.

Bowers said city officials could be “implicating themselves” if they destroy records without first having a schedule for doing so.

“I have no problem leaving things there until they turn to dust,” said Mayor Pro Tem Richard Davidson.

Councilman Warren Langland said he agreed to the delay pending a further review. “My consideration is, I could care less if she uses them to start a fire with,” he said.

Earlier in the meeting, resident David Holley said he had no problem with the destruction of city records from the 1960s and 1970s.

“I do have a problem with 2000 and on,” he said.

Closing of crossings

Another issue that prompted a long discussion was the future closing of Kansas City Southern Railway crossings at Daugherty and Park streets.

Resident Gene Franklin said he opposes the closings.

Franklin said that when voters approved a sales tax for construction of four major projects, including the recently completed South Street railway overpass, residents weren’t informed about the closing of the railroad crossings.

“The closings were never brought up,” he said. “The people in Neosho have been lied to.”

Resident Rhonda Warren said she also opposes the closings. “All that tells us is, we can’t trust you as a body,” she said.

Warren recommended conducting a traffic study before a final decision is made.

City Attorney Steven Hays said he consulted with an official from the Missouri Department of Transportation.

“He says there are always political casualties when you close a road and a railway road,” Hays said. “The bottom line is, MoDOT says the roads will not be reopened.”

Previously, city officials have cited safety concerns as a factor in closing the crossings.

City officials have said closing the two railway crossings could provide the city with $345,000 from the state and the railroad company to defray its share of the costs, and provide some funds for the South Street overpass.

Bowers said she believes the city charter and ordinances require a traffic study before closings are completed. “This was an illegal act by the council, in my opinion,” she said.

The closing of the crossings is not expected until early summer or late fall next year.

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