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County counselor tells Older Adult Commission its ordinance limits public advocacy; suggests amending rules or seeking exception
Summary
The county counselor told the St. Louis County Older Adult Commission that its current ordinance authorizes internal advice to county officials but does not permit the panel to engage in public education campaigns or to put its name on advocacy materials; counsel recommended discussing an ordinance amendment or requesting a one-time exemption.
During the commission meeting, a county counselor who identified herself as Ka explained the legal boundaries of the commission's authority and cautioned that the current ordinance authorizes the group only to provide internal advice to the county council, county executive and county departments. "That ordinance does not have a component. It authorizes us to lend the benefit of our expertise directly to the public," Ka said, and added that changing that would require action by the county council or county executive.
Ka suggested two options: ask the council and executive for a one-time exception for a specific education effort or pursue an amendment to the commission's authorizing ordinance to explicitly permit public education and advocacy. "If public education is something that you would like to be a part of your mandate, then we could move to amend the local ordinance to allow for that," she said.
Counsel clarified the difference between neutral education and advocacy: factual presentations about how a policy works are generally within the realm of education, while statements endorsing or opposing a ballot measure constitute advocacy. "When you start saying yes and I support fact 135 and eight I believe that is" advocacy, Ka said, and warned commissioners about inadvertently triggering sunshine-law concerns in group emails or coordinated communications.
She also urged caution with email chains and group messages: replies that involve a quorum discussing a commission matter can create an unadvertised public meeting under Missouri's sunshine rules. "When you are getting a group email about something that is part of your public business ... you're going to want to be careful not to hit reply all and start up a quorum conversation about this matter," she said.
Commissioners asked for clearer guidance and a written legal opinion. The counselor offered to draft or help facilitate a formal written opinion about the intersection of the state senior property tax freeze and county levy authority, and to advise on drafting an ordinance amendment if the commission decides to seek one. Commissioners accepted the recommendation and placed a legal-opinion request on the next meeting agenda.
The exchange clarified limits on the commission's public role and laid out next steps: request a written opinion, consult the county executive and council about whether the commission's mandate should be expanded, and exercise care in public-facing communications until the legal questions are resolved.
