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Fair ~ River stage: 35.12 Falling Sunday, November 8, 2009 |
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Two legal briefs filed in county Sunshine suitWednesday, September 17, 2008
Second District Commissioner Jay Purcell sued the commission May 14, asking county officials — Presiding Commissioner Gerald Jones, 1st District Commissioner Larry Bock and Prosecuting Attorney Morley Swingle, who is also the commission's legal counsel — to acknowledge that the state's open meetings and records act, nicknamed the Sunshine Law, was broken by the commissioners' closed meeting April 17. During that meeting, county Auditor David Ludwig was confronted over use of his county computer to view images of scantily clad actresses and sex-related websites. The suit also asks county officials to agree to Sunshine Law training. Purcell was deposed Aug. 29, which cost the county more than $800. On Sept. 10, the county's consulting attorney, Tom Ludwig, filed a legal brief responding to a request by Purcell's attorney, J.P. Clubb, asking the court for a consent judgment. That would have settled the suit months ago by having both sides sign an agreement that the closed meeting violated the law and the officials would undergo Sunshine Law training. Ludwig's Sept. 10 filing included affidavits signed by Jones, Bock and Swingle. The documents assert that the suit should be dismissed because the commission is not technically a legal entity and therefore cannot be sued. The filing suggests Purcell cannot sue the board on which he serves. The affidavits indicate the men believed the meeting was properly closed for, among other things, the purposes of addressing concerns that the auditor's two female employees could sue the county for allowing a hostile work environment to exist. The county's case alleges that Purcell's digital recording of the closed portion of the commissioners' April 17 meeting was illegal. If a judge agrees, Purcell could face a class C misdemeanor, the penalties for which are up to 15 days in jail and fines up to $300. The response filed Monday by Clubb maintains that the board is a legal entity and that Purcell "as a taxpayer and citizen of the state of Missouri" has a right to sue. The filing states the county has numerous instances in which it acts as a legal body, by entering contracts and making other legal agreements; Clubb also quotes a statement by Swingle that he represents the commission as a body. "We'll let the filings speak for themselves," Clubb said. "We're looking forward to going to the court hearing on Oct. 9." Circuit Judge Stephen R. Mitchell will hear arguments in the case at the Court of Common Pleas. 335-6611, extension 127
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This action is a waste of tax payer's money and reflects badly on the local community. The sooner we get a charter form of county government the better. The Missourian should interview county executives in those types of government settings so we can get a better feel for the professionalism we are missing in Cape Girardeau County.
Peg - is the hearing open to the public? Is the Court of Common Pleas the one on Lorimer?
Thanks.
Seems to me the auditor should of been the one "deposed".
VFW2006, Yes, the Court of Common Pleas is just south of Broadway, on Lorimier Street. As far as I know, the hearing is open to the public.
More to come on this Three Ring Circus!
Out with them all and in with some new.
Why in the world do we have a 3 person Commission?
These three have embarrased this Community and County
and it continues!
Does Purcell's lawyer issue a press release everyday?
Im just here for the goodbody / ted kaczynski rants, they are quite amusing.
PEG.... RECALL PROCESS....
I am glad that 2nd District Commissioner Jay Purcell is fighting for us. If he had not exposed this evil in the County Commission, we would have never questioned these men, beliving them to be honorable. Now, we know that thier honor is allegedly questionable, and that they may not be qualified to be our public servants.
Under our current form of City and County government, is there a Recall process for Mayor, City Council Members, and those other two County Commissioners, Bock and Jones?
If there is a process, would you please outline the process and what it takes to get a recall initative started.
Thank you.
If they are not a legal entity and cannot be sued, how exactly DO we go about keeping them in line? Claiming that you cannot be sued is a weak defense- like pleading the fifth, it's one of those tactics that almost screams "guilty", whether or not it is true.
katj85 'RECALL'????
I would be interested in seeing if there is a re-call process for our other two commissioners, Jones and Bock.
If there is a process, then, I would be further interested in seeing if the process was do-able, as if it required signatures, etc. Since there is no organized opposition to the alleged shenanigans that are going on in our County, and, perhaps, City government, then, we need to form a grassroots effort to insure that we do have government by people who consider themselves public servants, and not our betters.
So far, neither Rudi, nor, Peg have responded as to if there is a process for Recall, and what the process entails. I am sure that they are investigating the possiblity, it may be time consuming, so, I am being patient in regards to their reply.
Just my opinion.
Missouri Revised Statutes
Chapter 106
Removal and Impeachment of Public Officers
Purcell has a set of brass. However "Evil Flourishes When Good Men Do Nothing."
Purcell is a good man and is doing something. Bock and Jones along with that kleenex spined wannabe writer, prosecuting attorney of our all need to be recalled.
If they aren't a legal entity then why are they getting legal tender to do their jobs?
"Purcell was deposed Aug. 29, which cost the county more than $800"
where is the transcript of the deposition? Are they available online? That would seem to be a more newsworthy document....