JEFFERSON CITY, Mo. – Senate President Pro Tem Tom Dempsey, R-St. Charles, said Thursday he is taking steps to help address the recent controversy over videotaping in Senate hearings.
Last week, a local television reporter was barred from using a tripod during a hearing of the Senate General Laws committee over a bill that aims to nullify some federal gun rules. When the bill came up for a vote in executive session, chairman Brian Nieves, R-Washington, banned the reporter from filming.
“Executive sessions are not videotaped, so videos will need to be turned off at this point,” Nieves said at the time.
Missouri Sunshine Law is clear on recording of public meetings. “A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting,” the law reads. However, it does include a caveat, stating, “a public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting.”
Senate Rule 96 require persons wishing to film give advance notice and receive permission from a committee chairman as to whether they (being a reporter, an activist, or an average citizen) can record public hearings.
“Persons with cameras, flash cameras, lights, or other paraphernalia may be allowed to use such devices at committee meetings with the permission of the Chairman as long as they do not prove disruptive to the decorum of the committee,” the rule reads.
That rule has led to some criticism from activist groups like Progress Missouri, which itself been barred from filming committee meetings by Nieves and Sen. Will Kraus in the past. Sean Soendker Nicholson, executive director of Progress Missouri, said the Senate’s actions go against the Sunshine Law.
“I’m not sure why some Senators are having such a hard time with this concept,” he said.
Nicholson, on behalf of Progress Missouri, filed a complaint with Attorney General Chris Koster’s office concerning the issue on Monday.
“Twice already this session, members of the Progress Missouri team were denied access to capture video of public committee hearings, an activity explicitly allowed for by the Sunshine Law. This has happened in previous sessions as well,” the complaint said. “Progress Missouri and other members of the public seek the ability to collect video of the General Assembly’s public meetings without arbitrary and unnecessary restrictions.”
Dempsey, speaking with reporters on Thursday, said he is a strong supporter of committees being open to the public and those who wish to film.
“We do give chairmen the flexibility as to how they conduct their meetings, but we do not prohibit nor do we recommend restricting the press,” he said.
Dempsey said the order to bar filming of executive session – when Senators actually vote on bills in committee – was a staff error and that he personally does not have a problem with someone filming it.
“We allow video for third reading – it’s the same type of process,” he said.
Dempsey said he had met with his staff about how to find a less invasive place for cameras to set up their tripods in places like the Senate Lounge in order to not obstruct anyone’s view.
“I had a meeting with my chief of staff (Friday) morning and had him talk to Senate Administrator Jim Howerton who handles our operations here about a way to create some space in the Senate Lounge, probably in the back of the room and consider taking out a row of chairs and maybe putting a raised platform back there in an unintrusive way to allow video to be taken,” he said.