Clay County, Missouri Auditor Galloway face off in court over corruption investigation
Attorneys for the Clay County Commission and Missouri Auditor Nicole Galloway faced off in court Tuesday morning with the fate of her investigation into county financial records and concerns brought forward by whistleblowers hanging in the balance.
Cole County Circuit Judge Jon Beetem heard arguments Tuesday on a motion to dismiss and a motion for an injunction filed as part of a lawsuit initiated by Clay County against the auditor’s office.
He did not immediately issue a ruling.
Galloway said she issued the subpoena after county officials resisted the audit with “delays, roadblocks and evasive responses.” County officials argue that they are cooperating with the audit but say Galloway is exceeding her constitutional authority.
William Hatley, a Kansas City attorney representing the county, said the auditor requested minutes from closed meetings that include sensitive communications protected by attorney-client privilege.
“The auditor is not giving us an explanation why she needs those records,” Hatley said. “The county will not turn over those records without a court order.”
Hatley noted several times that Galloway’s office indicated she would be auditing the county’s compliance with the Sunshine Law, which governs open records.
The auditor has conducted similar inquiries in other counties and governmental entities, but Hatley argued that in this instance investigating open records compliance goes beyond the auditor’s constitutional authority.
The audit, which began in December, was initiated after a local citizen’s group submitted a petition with more than 9,000 signatures requesting that Galloway examine the county’s financial records.
Residents had raised concerns about questionable spending, allegations of corruption, waste of taxpayer dollars and lack of compliance with the state’s Sunshine Law.
Galloway’s subpoena requested that Assistant County Administrator Nicole Brown appear at the auditor’s Kansas City office and turn over all minutes from all county commission meetings from the last two years, as well as records kept on smart phones, computers and other devices.
The Clay County Commission immediately answered back with a lawsuit. Beetem previously ordered that the subpoena not be enforced until a decision was made in the lawsuit.
Joel Anderson, attorney for the auditor’s office, argued Tuesday that the Missouri Constitution mandates that the state auditor perform all audits required by law.
“There is an actual demonstrated public interest in achieving transparency,” Anderson said. “That’s why citizens signed these petitions. They wanted an outside auditor to come in.”
This story was originally published March 26, 2019 at 12:13 PM.
