Tour of Missouri Operations: "Always Completely Transparent," Except When They Aren't

Lt. Governor (and Tour of Missouri Inc. Chairman) Peter Kinder and Deputy Lt. Governor (and TOM Inc. Executive Director) Jerry Dowell seem to be responding to initial demands for more disclosure about the operations of the Tour of MIssouri, which is a great sign.

Yet despite their new willingness to share expenses and operation information, Kinder still wants the public to believe he's "always" been open about how the Tour is conducted.  On Tuesday, Kinder's spokesman Gary McElyea says the Lt. Governor's office and TOM Inc. "have always...been completely transparent with the state, cities and media." As we all know, however, this is not the case. For example:

• Just last week, Kinder was anything but open and transparent about the nature of Tour contracts. 
• Also last week, McElyea -- the same man who said the Tour had always "been completely transparent" -- refused to discuss details of the Tour contracts, saying he wasn't even sure such disclosure was legal.
• TOM Inc. has not sufficiently demonstrated why it warrants a sole source contract with the state. Simply controlling the TOM naming rights (for now) does not mean their contracts should not be competitively bid.
• And, as I'll outline below, Kinder and Dowell have not been "completely transparent" about their leadership roles with the Missouri Ethics Commission.

Kinder does not disclose his TOM Inc. leadership to the Missouri Ethics Commission.
Kinder does not disclose his Chairmanship of Tour of Missouri, Inc. on his personal disclosure statements filed with the Missouri Ethics Commission. On the MEC forms, Kinder does not list any entities for Section 20, concerning Not For Profit Corporations. Here's what he's required to disclose: 

NOT FOR PROFIT CORPORATIONS: List the name, address and general description or nature and purpose of each not for profit corporation, association, organization or union where you, your spouse, or dependent children served as an officer, director, employee or trustee. Do not include church, fraternal, or service organizations where no pay was received.

It's possible believes TOM Inc. is a service organization akin to your local Kiwanis Club, but I don't know many small-town service clubs supported by millions of taxpayer dollars for their local service projects. Why doesn't Kinder not list his position as Chairman of TOM Inc. on his ethics filings? 

Shouldn't Kinder be disclosing more about his conflicting interests when he votes for Tour funding?
At a minimum, shouldn't Kinder be recusing himself from discussion and votes about millions of tax dollars being sent to his corporation?

In December, Kinder voted to approve up to $500,000 for media support for the 2009 Tour from the Missouri Development Finance Board.  In the 12/18/08 MDFB meeting minutes Jerry Dowell spoke on the request in his role as "coordinator for the Tour of Missouri," not his role as an LG office executive. How is this not a conflict of interest, for both Kinder and Dowell? 

The Missouri Tourism Commission does not appear to post its minutes online, but Kinder sure didn't recuse himself from last Friday's discussion of $1.5 million in taxpayer financing he wanted for the corporation he chairs.

Any other official operating a corporation receiving millions in taxpayer money would be expected to sit out on discussions and votes involving whether or not to consider those subsidies.  Why isn't Kinder? 

Should Jerry Dowell and other Kinder staffers be disclosing their potential conflicts with the Missouri Ethics Commission?
Per a conversation with a staffer at the Missouri Ethics Commission, Deputy Lt. Governor Jerry Dowell and Director of Communications Gary McElyea are not required to file personal financial disclosure statements. When asked why, the MEC staff person told me that the Lieutenant Governor's office decides which employees must file statements. 

State law clearly doesn't require communications staffers to file (even when they're serving both public and private entities on state time), but the Deputy LG role seems like a very different case. Here's what the law requires:

105.483. Each of the following persons shall be required to file a financial interest statement:

[...]

(3) The principal administrative or deputy officers or assistants serving the governor, lieutenant governor, secretary of state, state treasurer, state auditor and attorney general, which officers shall be designated by the respective elected state official;

It seems like a deputy lieutenant governor is a deputy officer for the lieutenant governor, but maybe that's just me. 

If Kinder decides that his Deputy Lieutenant Governor is indeed a deputy officer to the lieutenant governor, this is what Dowell (and anyone else) would be required to disclose:

• Their official capacities with organizations like Tour of Missouri, Inc.
• Outside sources of income, such as Dowell's campaign consulting firm or TOM Inc.
• Gifts, lodging and travel expenses paid by for by TOM Inc. (e.g., trips to the Tour of California)

We already know Kinder staffers have been traveling the country for TOM Inc business, presumably on the TOM Inc. dime. Since we taxpayers are footing the bill (and since state law sure seems to require more disclosure from the Deputy LG), it would be nice to know how much we're paying and for what.

Or maybe I'm just misunderstanding what it means to "always" be "completely transparent with the state, cities and media."