TWO PUBLIC OFFICIALS REMOVED FROM OFFICE
A trial over a Sunshine Law violation resulted in the removal of two public officials in a Clay County community.
The lawsuit was brought by neighbors in the small Village of Oakwood Park against the village’s board of trustees. Representing the plaintiffs was Joe Vanover, an attorney based in Platte County.
Oakwood Park has about 190 residents and consists of an area off North Oak Trafficway near Gladstone Fire Station No. 1.
“Complying with the Sunshine Law (Missouri’s open meetings and records law) is not optional. Public officials that knowingly violate it face serious consequences including fines, having their actions voided, and being forced to pay the attorney fees of the opposition,” Vanover said this week.
A judge’s ruling in the lawsuit voided the appointment of two board members who had been appointed at what was determined to be a meeting that was not properly posted by the village.
Vanover, who in addition to being an attorney serves as second district county commissioner in Platte County, said the judge did not believe testimony of the chairwoman of the village’s board of trustees.
“The chairwoman of the board of trustees of the village testified that she posted a notice for a meeting which was to occur the next evening at a local restaurant. The judge disbelieved her testimony,” Vanover remarked.
Vanover noted that a majority of the plaintiff’s witnesses said they were intentionally checking the village message board for notices on a daily basis and did not see any notice of the meeting.
“The judge believed these witnesses,” Vanover said.
In the lawsuit, Village of Oakwood Park resident Karol Hughes on behalf of several other residents sued the village, claiming village leaders violated the Sunshine Law by failing to post notice of the meeting. The suit also alleged the board failed to keep minutes, including record of votes taken, during the meeting.
Defandants for the village were listed as trustees Laurie Draughon, Angela Koester and Russ Trollinger.
Draughton serves as village clerk and is typically the one to record minutes during board meetings.
The meeting in question took place on July 20, 2021 at the Summit Grill restaurant at Gladstone and not the typical location. Two new trustees were appointed after those seats were resigned by former trustees who had been elected in April of that year.
At the meeting, the defendants apparently appointed defendants Don Draughon and Damien Salazar to serve as replacement trustees.
“There is no evidence that any member of the public or any residents of the village attended this meeting,” according to court records.
In the judgment handled down by the court, there was no evidence that notice was posted in a public location before the meeting and there was no evidence the meeting location could accommodate the public.
The court ruled that the trustees violated the Sunshine Law by failing to post prior notice and an agenda of the meeting to the public, but did not fail to record minutes from the meeting as the clerk took hand-written notes noting the votes approving the newly-appointed board members.
As a result of the court’s ruling, the appointments of Don Draughon and Salazar were voided. The village was then ordered to set a public meeting that is properly noticed with an agenda where replacement trustees will be selected.
The judge also ordered the village to pay $1,000 civil penalty and the village must also pay the plaintiff’s attorney fees, totaling $4,727.30.
Judge Timothy Flook presided over the trial.
