BELLE — Belle Alderman Seth Klein says the city’s reliance on its attorneys for Sunshine Law guidance has left officials second-guessing themselves and believes additional training could help the city become more confident handling routine matters without legal assistance.

Klein’s comments came in response to a series of questions from The Maries County Advocate following a recent Columbia Missourian article examining Belle and other Missouri cities represented by Lauber Municipal Law. Klein and Alderman Rebecca Withouse have been the only city officials to respond to questions from The Advocate.

Lauber Municipal Law has represented Belle since December 2023. The firm was hired during a period when the city was facing problems involving Missouri’s Sunshine Law, though Klein said he does not know all of the circumstances surrounding the decision.

“All I know is the city was having issues with sunshine law violations, I’m not sure on the rest,” Klein said.

In June 2024, then-Missouri Attorney General Andrew Bailey settled a lawsuit against Belle involving Sunshine Law violations. According to The Missourian, those violations included failing to properly provide notices of board of aldermen meetings, discussing public business not listed on agendas, failing to maintain meeting minutes and improperly handling closed meetings.

Asked what Belle has changed since the settlement to prevent future violations, Klein said officials frequently seek guidance from the city attorney.

“I feel that the city just talks to our lawyer to make sure what they are doing is correct. Like we second guess ourselves,” he said.

That reliance was also acknowledged by Mayor James Mitchell in The Missourian article. Mitchell said the city relies heavily on Lauber because of Belle’s history of Sunshine Law problems.

Klein said he believes additional education would reduce that dependence.

“A lot of times the city just contacts the attorney if need be and I wish there was more training on the sunshine laws,” Klein said. “I feel we all need more training to help reduce cost and feel more confident in ourselves.”

Since taking his position as alderman, Klein said he was aware of only one day that Lauber offered Sunshine Law training. Unfortunately, he could not attend.

“They have offered a day of training but the time did not work for me,” he said.

He added that he has nevertheless picked up knowledge through the board’s regular dealings with Sunshine Law issues.

“I have learned a lot about sunshine laws from the meetings,” Klein said.

The question of training became one of the central issues raised by The Advocate after Lauber attorney Nathan Nickolaus told The Missourian that smaller communities can lack access to Sunshine Law education.

“Our bread and butter is these rural cities,” Nickolaus told The Missourian.

Asked whether Belle’s dependence on outside legal assistance could create an incentive for continued reliance on the firm, Klein said he does not believe the situation is entirely that simple.

“The law group has found their niche and they are running with it,” Klein said. “I don’t necessarily feel they are 100 percent preying on small towns, but they do kind of due to the lack of law knowledge.”

Klein later said he would welcome more independent training that could allow Belle officials to handle additional matters themselves.

“In general I think it would be great. We need to get off the crutches and start doing stuff on our own,” Klein said. “I know it’s hard because of everything.”

Meeting packets raise another question

The Missourian article also quoted Alderman Rebecca Withouse saying she sometimes receives meeting packets only when she arrives for a board of aldermen meeting, leaving little opportunity to review documents before being asked to vote.

Klein described a somewhat different experience.

“On our packets, I usually get a call, sometimes a text, that packets are ready,” Klein said. “Usually they are available a day before, but I do stop at city hall and ask what to expect in the packets.”

Attorney involvement in records requests

Another issue examined by The Missourian was Belle’s handling of public records requests.

Charro Reasor, city treasurer-office manager, told the publication that requests that are not “something simple” are typically forwarded to the city attorney for guidance.

Klein said he does not know how that distinction is made.

“I’m not sure what is considered ‘simple’ that would be a Charro question,” he said.

Asked how attorney costs associated with a Sunshine Law request are determined or whether residents have been charged attorney-related expenses, Klein responded, “I’m not sure on that one.”

He likewise said questions about whether residents have abandoned or narrowed records requests after receiving cost estimates would need to be answered by city hall.

“I’m not sure that would be a Charro question since I’m not in city hall all the time,” Klein said.

The extent of attorney involvement has taken on added importance as Belle’s legal expenses have risen.

According to The Missourian, Belle budgeted $3,288 for legal fees during the 2023-24 fiscal year. That amount later increased to $15,000, followed by $18,500.

“I know there was some legal stuff the city was dealing with but I’m not sure,” Klein said when asked what services or legal needs drove the increase.

The article also reported the city paid Lauber $78 for a 25-minute conversation with a reporter concerning a Sunshine Law request.

“I did not know anything about that until I read the article The Missourian put out,” Klein said.

Klein also said he has not personally reviewed detailed Lauber invoices.

“I have not seen the actual invoices or breakdown of what there are,” he said. “I’m sure I could ask and see records of it.”

Censure, disagreement raise concerns

Questions were also raised regarding the board’s April censure of Withouse.

According to The Missourian, the resolution directed Withouse not to knowingly blindside public officials, criticize staff members or speak to the public on behalf of the city. Lauber Municipal Law assisted with drafting the resolution and billed the city for that work, despite Lauber attorney Nickolaus later telling The Missourian that the censure carries no legal consequences and instead reflects the majority of the board’s feelings toward Withouse.

Klein said he viewed the action primarily as an attempt to establish a consistent chain of communication rather than silence elected officials.

“What the board has talked about before was any questions with the city should go through one person,” Klein said. “I feel the city has taken a path not to limit what city officials can and can not say. It is to make sure of the chain of command and to limit multiple stories. That’s just how I take it but I could be very wrong as I am sometimes.”

Asked about his own experiences questioning Lauber attorneys, Klein said he has felt comfortable asking questions.

“During the meeting and even in closed session any questions I have had on legal advice I feel they have done a good job on answering it but I’m also not an expert at this,” he said.

Klein was also asked what specific protections exist to ensure aldermen can publicly disagree with the city attorney, question legal advice or challenge city practices without facing penalties.

“I’m not sure, I will have to ask,” he said.

‘We all work for the citizens’

One of Nickolaus’ comments in The Missourian particularly stood out to Klein.

“My client is the city as a corporate entity,” Nickolaus told the publication. “... I don’t work for the citizens.”

Klein said he disagrees with that description.

“I don’t really agree with that because we all work for the citizens of Belle,” Klein said. “While yes, the city pays the attorney, but the money for that comes from taxpayers who live and visit Belle.”

Klein’s response points to the distinction between the attorney-client relationship and the responsibility elected officials have to residents. Lauber represents the city of Belle as a municipal corporation, while elected officials are accountable to the residents who elect them and fund city operations through taxes and other revenue.

Independent review welcomed

Klein said he would also be receptive to an outside review of Belle’s legal practices.

“It’s always good to have a second review and see how everything is going,” he said when asked whether he would support an independent examination of the city’s legal spending, Sunshine Law practices and relationship with Lauber.

However, Klein said he does not know what specific standards the board currently uses to determine whether Lauber Municipal Law remains the appropriate firm to represent Belle or what circumstances could result in the city seeking another attorney.

“I’m not sure and I hate saying that,” Klein said.