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| Trustees Present: |
Staff Present: |
Don McNutt, Chairman
Jim Ford, Vice Chairman
John Albert
Rich AuBuchon
Tom Kolb
Ski Mariea
Tom Pfeiffer
Melvin Schebaum
Dan Schuette
Bruce Work |
Tim Duggan, Attorney General's Office
Carol R. Eighmey, Executive Director
Diane Wallace, Executive Assistant |
SB907
Chairman McNutt called the meeting to order shortly after 9:30 a.m. Since the meeting was being held by telephone, the roll was called; all trustees were present. Carol Eighmey, Diane Wallace and Tim Duggan were also on the call. No other parties identified themselves.
Chairman McNutt explained the purpose of the meeting was to discuss SB907, and apologized for the short notice. It was noted that the “Sunshine Law” generally requires notice of meetings to be posted at least 24 hours in advance, but the law allows a meeting to be held with less notice in unusual circumstances. Ms. Eighmey reported the meeting notice was posted at 2:00 p.m. the previous day.
Chairman McNutt reminded the trustees that SB907 had been reviewed and discussed at the previous Board meeting, and that the Board was informed at that time there were still discussions underway between the Missouri Petroleum Marketers and Convenience Store Association, (MPCA), and the Department of Natural Resources, (DNR), concerning some of the provisions in the bill, so it was not timely for the PSTIF Board to take a position on the bill. He reported that subsequent discussions between Ron Leone, MPCA Executive Director, and Floyd Gilzow, DNR Deputy Director, had resolved all of DNR’s concerns except one. He further explained that he had called the Board meeting on short notice because SB907 had been heard in Senate Committee last week, and he has been told the Committee will consider voting the bill out tomorrow. Given this timeframe, he said he wanted to get the Board’s position on the one issue that remains unresolved with Mr. Gilzow so the Board’s Executive Director will know how to represent the Board in testimony or discussions with legislators.
Mr. McNutt then explained that the unresolved issue is the addition of the phrase, “body and corporate politic” to state law. He said that in his tenure on the Board, it has always been his understanding that the Board is an independent state agency, that this had been affirmed in a 1999 Memorandum of Agreement entered into by the Board and the DNR, and that this view also had been confirmed in a memorandum provided by Tim Duggan several years ago. He noted that the current DNR Director, Doyle Childers, apparently holds a different view and has recently stated that the PSTIF Executive Director works for the DNR. He explained that adding this phrase to state law will eliminate any confusion regarding the Board’s authority and autonomy for managing the trust fund.
Discussion followed. Tom Kolb asked if adding this phrase will help prevent “raids” on the trust fund. Ms. Eighmey opined that there is already language in state law that should prevent using monies in the trust fund for other purposes, but Ron Leone may also be considering adding language to strengthen that protection. Jim Ford commented that when he was appointed as a Trustee, it was his understanding from conversations with then-Governor Carnahan and state Senators that the Board of Trustees was independent body with full responsibility for the trust fund. Tom Pfeiffer said he had reviewed current state law and believes it supports this view. Tim Duggan noted that adding this phrase to the statute would make the Legislature’s intent clearer.
Tom Kolb moved that the Board support the addition of this phrase, as proposed in SB907, so the PSTIF Executive Director could testify in support of it. Melvin Schebaum seconded. Chairman McNutt invited further discussion. Rich AuBuchon commented that he believes the Chairman had good cause for calling the meeting on short notice, but since he had not had time to confer with Governor Blunt or his staff, he was considering abstaining. Tom Kolb asked Dan Schuette if he believes the Board is not independent; Mr. Schuette responded that he has not been involved in the conversations between Mr. Leone and Mr. Gilzow, but is not aware of any difference of opinion on the question.
After discussion, a roll call vote was taken. Voting in favor were: John Albert, Jim Ford, Tom Kolb, Ski Mariea, Don McNutt, Danny Opie, Tom Pfeiffer, Melvin Schebaum, and Bruce Work. Voting against were: Rich AuBuchon and Dan Schuette. Motion carried.
Chairman McNutt thanked the trustees for making time for the telephone conference call and adjourned the meeting at approximately 9:55 a.m.
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