Maries County Sheriff’s office completes Sunshine Law request with $900 in overtime, 1,445 screenshots

By Roxie Murphy, Staff Writer
Posted 8/26/20

BELLE — The Maries County Sheriff’s office worked 62 hours and paid out nearly $900 in overtime between Aug. 22 and 23 to fulfill a Sunshine Law request from the ACLU of Missouri after …

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Maries County Sheriff’s office completes Sunshine Law request with $900 in overtime, 1,445 screenshots

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BELLE — The Maries County Sheriff’s office worked 62 hours and paid out nearly $900 in overtime between Aug. 22 and 23 to fulfill a Sunshine Law request from the ACLU of Missouri after the group alleged that the sheriff took their money, but failed to provide the documents.

ACLU of Missouri released a statement on Friday, Aug. 21 that alleged the Maries County Sheriff’s Office had failed to provide documents from a Sunshine Law request. Following the release, Sheriff Chris Heitman called in two members of his team to help complete the project over the weekend.

“We was trying to get it done during the day because they are not allowed to bill for overtime,” Heitman said on Monday, Aug. 24. “Everything that they requested was submitted over the weekend.”

Heitman told Maries County Commissioners on Aug. 24 that he thinks that the courts will see what they did is reasonable. The information was “all out there and they were not hiding anything.” He also said he is thinking about sending another bill to ACLU. The overtime required to complete the request will come out of his department’s budget.

“The ACLU request cost county tax dollars,” Heitman said on Monday. “Nearly $900 to complete and took employees away from critical, life-saving responsibilities to copy items that were listed online already.”

Staff estimated that the 62-hour project resulted in 1,445 pages of screenshots that were delivered to the ACLU.

“I figured it was best to get it done,” Heitman said. “They were just getting it done over the course of the day.”

The ACLU alleged that Heitman discontinued responding to their request about a June 1 post on his Office of Maries County Sheriff Chris Heitman Facebook page following the death of George Floyd. The organization claimed the posts made by Heitman were “threatening social media posts” and implying that the citizens of the county were armed and would be deputized in response to what they claimed to be lawless protesters.”

The ACLU claims that a concerned citizen made them aware of the post around June 17.

Heitman said he received a Sunshine Law request from the group last month. When they pushed him for a date, he said maybe a week. That was about “three weeks ago.”

“I have not been served with any paperwork, letters or phone calls to my office since then to my knowledge,” Heitman said.

Heitman said he initially told the group he would need $150 to get the project started. The ACLU claims Heitman did accept the payment. Heitman confirmed the statement.

“I didn’t cash it until they started working on the project, but I did cash it after, Heitman said.

He added that his office continued to work on the request.

“If they’d have called me, I would have told them that, but to my knowledge, they didn’t,” Heitman said. “Their release said, ‘despite the initial communication, the sheriff’s office stopped responding.’ All the requests I have received I have responded to.”

ACLU’s Executive Director Luz Maria Henriquez said the request was for social media posts of the Maries County Sheriff’s Office, and any grievance procedures of the sheriff’s office in their press release.

“We will continue to hold the Maries County Sheriff’s Office accountable for its resolute refusal to follow the law. We look forward to reviewing the records and discovering what it is that the Sheriff’s Office is trying to hide,” Tony Rothert, legal director for the ACLU of Missouri said in the press release.

Heitman responded again that he doesn’t feel like his office has done something wrong.

“I feel confident standing before a judge and saying ‘look at my caseload, look at my responses, we are not denying anything and my staff is working on it,” Heitman said. “The abuse of your child is going to come before copying Facebook posts for the ACLU. We are not denying them access to anything, it is just taking longer than expected.”

On May 27, Heitman posted to his “Office of Maries County Sheriff Chris Heitman” Facebook page that he added his name to the list of his “brothers and sisters in blue” in regards to George Floyd’s death.

“I do not support the actions of this officer or the other officers standing by not protecting the rights of this citizen,” He wrote. “I pray that they are dealt with accordingly, by that I mean criminally. They deserve to be held accountable for their actions and inactions.”

The post goes on to request prayers for Floyd’s family.

The ACLU is focused on Heitman’s June 1 post that Maries County citizens were concerned about protestors getting close to Maries County and if the sheriff’s department could handle the situation.

“Well first off, let me warn any protesters that the overwhelming majority of homeowners in Maries County have multiple firearms in their household. As their sheriff, I encourage them to use their firearms to protect themselves and their family’s lives if the situation, unfortunately, arises,” Heitman wrote. “Secondly, I do believe we could handle the situation. I am sure if I would call upon the fine citizens of Maries County to be deputized, I would have overwhelming support and back up to meet the protesters with a courageous sheriff’s posse. Additionally, I have stated many times I will protect citizens Constitutional rights. Should the protestors conduct themselves in a peaceful and lawful manner I will protect them as well. Should they decide to violate the law and endanger the businesses, families, or citizens of Maries County they will be dealt with accordingly. So residents and business owners of Maries County please rest at ease.  We can and will protect our own.”

Heitman said he stands by his comment.

“The law allows me to deputize citizens in emergency situations to assist my office,” Heitman said. “My office could not handle a riot the size of those in St. Louis, but we have enough good, law-abiding citizens to be at the sheriff’s aid if called upon.”

Heitman is running for re-election for sheriff in November and thinks it is not a coincidence that this situation takes place after the August primaries.

“I do think it is politically motivated,” Heitman said.

The request they received was for Facebook posts, messages, and comments from the Office of Maries County Sheriff Chris Heitman Facebook page from Dec. 19, 2019, through the present.

“Which is an astronomical amount of information that has taken my staff hours out of their day to photograph that information,” Heitman said. “During the time of this request, my staff has investigated shootings, child molestations, and drug overdoses which take priority over copying and pasting Facebook posts and comments that are already accessible to the public.”