22
Electronically Filed - Cole Circuit - November 28, 2017 - 03:32 PM 17AC-CC00595
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
17AC-CC00595
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
Electronically F
iled - Cole C
ircuit - Novem
ber 28, 2017 - 03:32 PM
1
Caryn Klick
From: Caryn KlickSent: Tuesday, November 21, 2017 8:44 AMTo: '[email protected]'Subject: Letter from Duane A. MartinAttachments: 2017-11-21 DAM to Board of Education.pdf
Good morning,
Please see the attached letter sent on behalf of Duane Martin.
Thank you,
Caryn KlickCoordinator of Client Relations2401 Bernadette Drive, Suite 117Columbia, Missouri 65203Office: (573) 777-9645Fax: (573) 777-9648www.edcounsel.law
Columbia, Missouri | Independence, Missouri |Overland Park, Kansas | Springfield, Missouri
Email Confidentiality Notice: The information contained in this transmission is confidential, proprietary orprivileged and may be subject to protection under the law, or may be protected by attorney-client privilege. Themessage is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intendedrecipient, you are notified that any use, distribution or copying of the message is strictly prohibited and may subjectyou to criminal or civil penalties. If you received this transmission in error, please contact the sender immediatelyby replying to this email and delete the material from any computer.
1
Caryn Klick
From: Caryn KlickSent: Tuesday, November 21, 2017 8:46 AMTo: '[email protected]'Subject: Letter from Duane A. MartinAttachments: 2017-11-21 DAM to Board of Education.pdf
Good morning,
Please see the attached letter sent on behalf of Duane Martin.
Thank you,
Caryn KlickCoordinator of Client Relations2401 Bernadette Drive, Suite 117Columbia, Missouri 65203Office: (573) 777-9645Fax: (573) 777-9648www.edcounsel.law
Columbia, Missouri | Independence, Missouri |Overland Park, Kansas | Springfield, Missouri
Email Confidentiality Notice: The information contained in this transmission is confidential, proprietary orprivileged and may be subject to protection under the law, or may be protected by attorney-client privilege. Themessage is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intendedrecipient, you are notified that any use, distribution or copying of the message is strictly prohibited and may subjectyou to criminal or civil penalties. If you received this transmission in error, please contact the sender immediatelyby replying to this email and delete the material from any computer.
1
Caryn Klick
From: Caryn KlickSent: Tuesday, November 21, 2017 8:47 AMTo: '[email protected]'Subject: Letter from Duane A. MartinAttachments: 2017-11-21 DAM to Board of Education.pdf
Good morning,
Please see the attached letter sent on behalf of Duane Martin.
Thank you,
Caryn KlickCoordinator of Client Relations2401 Bernadette Drive, Suite 117Columbia, Missouri 65203Office: (573) 777-9645Fax: (573) 777-9648www.edcounsel.law
Columbia, Missouri | Independence, Missouri |Overland Park, Kansas | Springfield, Missouri
Email Confidentiality Notice: The information contained in this transmission is confidential, proprietary orprivileged and may be subject to protection under the law, or may be protected by attorney-client privilege. Themessage is intended for the sole use of the individual or entity to whom it is addressed. If you are not the intendedrecipient, you are notified that any use, distribution or copying of the message is strictly prohibited and may subjectyou to criminal or civil penalties. If you received this transmission in error, please contact the sender immediatelyby replying to this email and delete the material from any computer.
Duane A. Martin T: (573) 777-9645 | F: (573) 777-9648 Columbia, Missouri
[email protected] 2401 Bernadette Drive, Ste. 117, Columbia, Missouri 65203 Independence, Missouri
Overland Park, Kansas
Springfield, Missouri
November 21, 2017
Missouri State Board of Education
President, Charles W. Shields, via hand delivery
Vice President, O. Victor Lenz
Member, Michael W. Jones
Member, Claudia O. Greim
Member, Eddy Justice
Member, John D. Russell
Member, Marvin Jungmeyer
Jefferson State Office building
205 Jefferson Street, 1st Floor
Jefferson City, MO 65101
Sent via email: [email protected]
Dear State Board of Education Members:
With respect, I write on behalf of my clients and the taxpayers of the State of Missouri to inform
you that any attempts taken today to seat additional or alternative members of the State Board of
Education, or any discussion regarding the seating or appointment a new or additional Board
member, will constitute a purposeful violation of the Missouri Sunshine Law.
As you know, the Board is required by RSMo § 610.020 to give notice of the time, date, and
place of each meeting, and its tentative agenda, in a manner reasonably calculated to advise the
public of the matters to be considered . . . . Today’s tentative agenda does not include an open
session of the Board, nor does it provide notice of State Board’s intent to seat, recognize the
appointment of, or to swear in, any additional or alternative members of the State Board of
Education. Such actions are required to take place in an open session of the Board, just as it did
for Board Member John T “Tim” Sumners as recently as October 31, 2017. No exception to the
Sunshine Law permits closure of a meeting that includes such actions – the Board cannot legally
seat, recognize the appointment of, swear in, or even discuss a new Board member in closed
session. See RSMo § 610.021.
Nor can the Board simply amend the agenda at this point to add an open session, or create an
agenda item to allow for the addition of new or alternative board members. The Board was
legally required to provide a tentative agenda including any “matters to be considered”. It failed
to identify any open session agenda item that relates to the addition of a new Board member. If
the Board attempts to amend the agenda at this point to include any discussion of additional
board members, it would violate the RSMo § 610.20 requirement to advise the public of the
matters to be considered at a meeting of the Board.
Missouri State Board of Education
November 21, 2017 Page 2
Duane A. Martin T: (573) 777-9645 | F: (573) 777-9648 Columbia, Missouri
[email protected] 2401 Bernadette Drive, Ste. 117, Columbia, Missouri 65203 Independence, Missouri
Overland Park, Kansas
Springfield, Missouri
By violating the Sunshine Law as described above, each of you as Board members are subject to
individual liability. In addition to penalties provided by law, the court shall order the payment
by such body or member of all costs and reasonable attorney fees to any party successfully
establishing such a violation.
Thank you for your consideration in this matter.
Respectfully Submitted,
Duane A. Martin
Cc: Dr. Margie Vandeven, Commissioner of Education
William Thornton, General Counsel
