SCHOOL BOARD RECALLS FAULTY VOTE

SCOTT CITY -- A complaint filed against the Scott City Board of Education has resulted in the revocation of a vote taken in executive session which violated the Missouri Sunshine Law.

In a special meeting Sept. 25 school board members rescinded a motion passed Sept. 17 that limited the district's open gymnasium policy at the high school to one night per week. The reversal came after members learned they had violated the law governing open meetings.

"The vote was taken during a regular meeting and it was in executive session," said Superintendent Roger Tatum. "it was not done purposefully. They realized they needed to correct an error that was done."

Former Scott City police chief David Beck signed a complaint against the school board Sept. 17 after he locked out of Scott City High School, where the board meeting was taking place. Beck said he had wanted to join other parents at the meeting who were voicing concerns about limiting the open gym policy.

The meeting was already in progress when Beck arrived at the school, but after returning to his car for a pen and paper, he was unable to re-enter the locked building. He then called the Scott City Police Department and filed a complaint.

The Missouri Sunshine Law requires government meetings to be open to the public unless otherwise specified by law. The law allows for closed government meetings in specific circumstances; however, the governing body must return to a public session to vote, and to adjourn the meeting.

Missouri statute 610.027 states that the Sunshine law may be enforced by any "aggrieved person, taxpayer to, or citizen of, this state, or the attorney general or prosecuting attorney." Suits are handled in circuit court, and once the defendant proves the governing body is subject to the open meetings law, the burden of proof is on the governing body to demonstrate its compliance with the law.

Prosecuting attorneys have the option of prosecuting Sunshine law violations, but Scott County prosecuting attorney Christy Baker-Neel opted not to pursue the matter. She said she advised Beck to hire a private attorney if he wanted to pursue the matter because open meeting violations are civil rather than criminal matters.

"I don't think it was done intentionally, but it's still their responsibility," said Beck. "They're using the excuse that they didn't know the doors were locked, but they need to have a policy to ensure that the doors to the building will be unlocked during a public meeting. If they don't have one, they need to get one."